Sam B. Myers v. Robert J. Emery

Sam B. Myers, Jr., appeals from an order of dismissal granting the special appearance of Robert J. Emery, Kelan Emery, and the law firm of Emery, McCandless, Gaitis, Bruehl and Gerstandt (the individual lawyers and the law firm in which they practice will be referred to as defendants or as "Emery" collectively). The question presented is whether a special appearance under TEX. R. CIV. P. 120a filed after a default judgment had been rendered was a general appearance. We hold that it was not. Likewise we hold that the trial judge did not err in setting aside the default judgment while he had plenary jurisdiction so to do. We further hold that the trial court correctly sustained Emerys special appearance because sufficient minimum contacts between the defendants and the State of Texas were lacking. Accordingly, we affirm the judgment of the trial court.