Ortiz v. Avante Villa at Corpus Christi, Inc.

OPINION

The question presented is whether a default judgment is final. Oscar Ortiz, individually and on behalf of the estate of Feliciana Ortiz, and three siblings sued Avanté Villa for the death of their mother while she was in the defendant’s care. A default judgment was granted the plaintiffs but, upon motion of the defendant, a new trial was granted. The defendant later took a summary judgment, and plaintiffs appeal. Upon our examination of the transcript we questioned the finality of the initial default judgment, which, if it were final, would preclude our jurisdiction over the later…