Narrative Opinion Summary
Dristi Shrestha filed a petition for permissive appeal following the trial court’s interlocutory summary judgment that granted Enya Hernandez Gonzalez’s amended bill of review, which set aside a no-answer default judgment against her in a personal injury case. The Court of Appeals for the Fifth District of Texas denied the petition and dismissed the appeal due to lack of jurisdiction, citing relevant Texas statutes and case law. The judgment orders that Enya Hernandez Gonzalez recover her costs from Dristi Shrestha. The opinion was delivered by Chief Justice Burns and entered on October 20, 2021.
Legal Issues Addressed
Award of Costs to Prevailing Partysubscribe to see similar legal issues
Application: The judgment awarded costs to Enya Hernandez Gonzalez, to be recovered from Dristi Shrestha.
Reasoning: The judgment orders that Enya Hernandez Gonzalez recover her costs from Dristi Shrestha.
Jurisdiction of Appellate Court in Interlocutory Appealssubscribe to see similar legal issues
Application: The Court of Appeals for the Fifth District of Texas determined it lacked jurisdiction to hear a permissive appeal from an interlocutory summary judgment.
Reasoning: The Court of Appeals for the Fifth District of Texas denied the petition and dismissed the appeal due to lack of jurisdiction, citing relevant Texas statutes and case law.
Setting Aside Default Judgmentssubscribe to see similar legal issues
Application: The trial court's interlocutory summary judgment granted an amended bill of review to set aside a no-answer default judgment in a personal injury case.
Reasoning: Dristi Shrestha filed a petition for permissive appeal following the trial court’s interlocutory summary judgment that granted Enya Hernandez Gonzalez’s amended bill of review, which set aside a no-answer default judgment against her in a personal injury case.