Legal Opinion

Pns Stores, Inc., D/B/A MacFrugal's Bargain Closeouts D/B/A MacFrugals, Inc. v. Anna E. Rivera as Next Friend for Rachel Rivera

Texas Supreme Court

Decided August 31, 2012No. 10-1028PublishedCited by 213 opinions

1Opinion of the CourtJustice Guzman

In this appeal from a summary judgment dismissal of a direct and collateral attack, the petitioner, PNS Stores, Inc., contends the underlying judgment is void and subject to collateral attack at any time. In this regard, PNS argues that the trial court rendering the default judgment never acquired personal jurisdiction over it because the service of process was defective. Alternatively, PNS argues that its adversary’s extrinsic fraud prevented it from learning about the underlying default judgment and that limitations was thereby tolled, making its direct attack through a bill of review…

2Cases cited28 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Armstrong v. ManzoSupreme Court of the United States · 1965
  3. King Ranch, Inc. v. ChapmanTexas Supreme Court · 2003
  4. Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010
  5. Frost National Bank v. FernandezTexas Supreme Court · 2010

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3Cited by213 opinions

  1. Valdez v. HollenbeckTexas Supreme Court · 2015
  2. In re FitzgeraldCourt of Appeals of Texas · 2014
  3. Katy Venture, Ltd. and Katy Management, L.L.C. v. Cremona Bistro Corp.Texas Supreme Court · 2015
  4. Sintim v. LarsonCourt of Appeals of Texas · 2016
  5. in the Estate of Henry H. Blankenship, Texas Court of Appeals, 4th District (San Antonio)2012

208 more not listed; retrieve them via the Exa API.

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