Yuen v. Fisher

Xenos Yuen appeals the trial courts order granting a special appearance filed by appellees, Barry Fisher and his law firm, Fleishman & Fisher (collectively "Fisher"). We conclude that (1) the trial court properly set aside a default judgment entered against Fisher, after learning that Fisher had specially appeared in the case but did not receive notice of the default judgment hearing; (2) Fisher did not waive his special appearance; (3) viewing the facts in a light favorable to the trial courts ruling, the record does not satisfy the requirements of due process and the Texas long-arm statute so as to confer personal jurisdiction on the trial court; and (4) the trial court did not abuse its discretion in denying Yuens motion for new trial. We therefore affirm the order of the trial court.