Legal Opinion

Jaco v. Rivera

Texas Court of Appeals, 14th District (Houston)

Decided February 12, 2009No. 14-07-00572-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

CHARLES W. SEYMORE, Justice.

Appellant, Gerald Jaco, appeals a default judgment in favor of appellee, Angel Roman Rivera. 1 In his sole issue, appellant contends the trial court erred by denying his motion for new trial because he satisfied the Craddock elements as required to set aside a default judgment. 2 We reverse and remand.

Background

Appellant’s full name is “Gerald Jaco,” and his son’s full name is “Gerald Randall Jaco.” Rivera originally filed suit naming only “Gerald Randall Jaco” as defendant. Rivera alleged he was injured in the course and scope of his employment with the…

2Cases cited16 opinions

  1. Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
  2. Wheeler v. GreenTexas Supreme Court · 2005
  3. Cliff v. HugginsTexas Supreme Court · 1987
  4. Director, State Employees Workers' Compensation Division v. EvansTexas Supreme Court · 1994
  5. Fidelity & Guaranty Insurance Co. v. Drewery Construction Co.Texas Supreme Court · 2006

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3Cited by15 opinions

  1. L'Art De La Mode, Inc. v. the Neiman Marcus Group, Inc., Texas Court of Appeals, 5th District (Dallas)2013
  2. Hampton-Vaughan Funeral Home v. BriscoeCourt of Appeals of Texas · 2010
  3. Alamo Home Finance, Inc. and Gonzalez Financial Holdings, Inc. v. Mario Duran and Maria Duran, Texas Court of Appeals, 13th District2015
  4. B & Sons Construction, LLC v. Rood Holdings, LLC, Texas Court of Appeals, 1st District (Houston)2015
  5. Catherine Dreyer v. Christie L. Wislicenus, Administratrix of the Estate of Mark D. Wislicenus, and Rogenna G. Hanson, Trustee of the Rogenna G. Hanson Revocable Living Trust, Texas Court of Appeals, 11th District (Eastland)2020

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