law-dormant-judgment

DORMANT JUDGMENTS

The Cadle Co. v. Bray, No.  01-06-00899-CV (Tex.App.- Houston [1st Dist.] Jan.
24, 2008)(Alcala) (jurisdiction, default judgment, dormant judgment,
res judicata)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
The Cadle Company v. Roy H. Bray
Appeal from Co Civil Ct at Law No 1 of Harris County (
Judge Jack Cagle)
Appellant, The Cadle Company (“Cadle”), appeals the summary judgment rendered in favor of appellee, Roy
H. Bray, that collaterally attacked and declared void a default judgment against Bray in an earlier case
involving the same two parties. Cadle contends that the trial court improperly granted summary judgment
because (1) Cadle’s petition to revive the dormant judgment that led to the default was a properly filed “action
of debt”; (2) the Harris County Court at Law had subject-matter jurisdiction over Cadle’s petition to revive the
judgment underlying the default judgment; and (3) the claims brought by Bray are barred by res judicata. We
conclude that County Court at Law No. 1 had subject-matter jurisdiction to render the default judgment and
the remainder of Bray’s challenges are barred by res judicata. We reverse and render judgment in favor of
Cadle.

Holt v. Decyco Corp. (Tex.App.- Houston [1st Dist.] Apr. 27, 2007)(Taft)
[
enforcement of old judgment,  capacity, turnover relief]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Taft
Before Justices Taft, Keyes and Hanks
01-05-01194-CV  William Gregory Holt v. Cedyco Corporation
Appeal from County Civil Court at Law No 1 of Harris County (
Judge Jack Cagle)
Justice Keyes
dissented in Holt v. Cedyco Corp.