Cash v. Beaumont Dealers Auto Auction

Submitted on July 28, 2008 OPINION In a former lawsuit between Beaumont Dealers Auto Auction, Inc. (""Auto Auction"") and Thomas E. Cash, the trial court entered a default judgment in the amount of $47,590 against Cash. Contending that he was never served in the former suit, Cash filed a bill of review to attack the former judgment. Auto Auction answered and moved to dismiss. Based on the motion to dismiss, the trial court entered an order dismissing Cash's bill of review with prejudice. Cash appealed. We hold that Cash's verified pleadings established a prima facie case that he was not served. Therefore, the trial court erred in dismissing Cash's bill of review. We reverse the trial court's judgment and remand the case for further proceedings. Background On April 12, 2007, Cash filed a bill of review, which was assigned cause number 106087, to attack the validity of a default judgment granted in cause number 105,383 by the County Court at Law. Cash asserted in the bill of review that his due process rights were violated when he suffered a default judgment without proper service of the former suit and that he had ""never received citation in this matter.""