(DOWNLOAD) "Boateng v. Trailblazer Health Enterprises" by In the Court of Appeals for the First District of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Boateng v. Trailblazer Health Enterprises
- Author : In the Court of Appeals for the First District of Texas
- Release Date : January 26, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
At issue in this case is the propriety of the trial courts granting of a bill of review and dismissal of the underlying case for lack of jurisdiction at the preliminary hearing stage of the bill-of-review proceeding. Appellants, a group of judgment creditors, filed a garnishment suit and obtained a default judgment against a privately owned Texas limited liability company. Though not apparent from the face of the garnishment judgment, the garnishee is a fiscal intermediary of the federal government with respect to certain Medicare funds in its possession. More than a year after the garnishment judgment was signed, the United States and the garnishee sought a bill of review, asserting sovereign immunity. The trial court held a preliminary hearing under Baker v. Goldsmith, 582 S.W.2d 404 (Tex. 1979), to determine whether the United States and the garnishee had presented prima facie proof of a meritorious defense. After completing the preliminary hearing and taking the matter under consideration, the trial court, without notice, summarily granted the bill of review, declared the garnishment judgment void based on sovereign immunity, and dismissed the underlying garnishment action for lack of jurisdiction. We reverse and remand.
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