Juliana L. Cortez v. Pharia, L.L.C.

Summary

The First Court of Appeals of Texas dismisses Juliana L. Cortez’s appeal for lack of jurisdiction. The court holds that an order denying a motion to quash a writ of execution is not appealable and that Cortez’s challenge to the underlying 2010 default judgment was an untimely direct attack. The court notes that Cortez remains free to pursue a collateral attack alleging that the judgment is void for lack of service.

Holdings

1. An order incident to a writ of execution that is neither a final judgment nor an order made appealable by statute or rule is not appealable.
2. A direct attack on a judgment, including an appeal asserting that the judgment is void for lack of service, must be brought within the applicable time limits; an appellate court lacks jurisdiction over an untimely direct appeal.
3. The motion did not qualify as a bill of review because it was filed thirteen years after judgment in the original case rather than as a timely separate action under a different cause number.
4. Cortez could not collaterally attack the default judgment through a motion filed in the same lawsuit or through this appeal; a collateral attack must be brought in a new lawsuit under a different cause number.

Questions Presented

1. Whether the trial court's order denying Cortez's motion to quash a writ of execution was appealable.
2. Whether Cortez could use this appeal, filed more than thirteen years after the default judgment, as a direct attack on that judgment.
3. Whether Cortez's motion in the original case qualified as a bill of review or a collateral attack on the default judgment.

Disposition

dismissed