Culberson-Stowers, Inc.; Richard W. Stowers Jr.; and Culberson Rental and Leasing Co., Inc. v. Lease Corporation of America

Summary

The Texas Court of Appeals for the Second Appellate District affirmed a final judgment granting Lease Corporation of America’s no-evidence motion for summary judgment and dismissing the appellants’ bill-of-review petition with prejudice. The court held that the appellants failed to produce evidence that the underlying judgment was rendered without their own fault or negligence, because their counsel received the summary-judgment motion and hearing notice but failed to respond or appear.

Holdings

1. Appellants failed to produce evidence that the underlying judgment was rendered without their own fault or negligence. Their attorney's admitted failure to respond to the underlying summary-judgment motion or attend the hearing constituted negligence attributable to appellants, and the alleged lack of notice of the judgment did not excuse proof of this element when the bill of review was based on official mistake under Texas Rule of Civil Procedure 306a(3).
2. The no-evidence summary judgment was proper because appellants failed to present more than a scintilla of evidence on an essential bill-of-review element.

Questions Presented

1. Whether the trial court properly granted LCA's no-evidence summary judgment on appellants' bill-of-review petition.
2. Whether appellants produced evidence that the underlying judgment was rendered without fault or negligence on their part, despite their attorney's failure to respond to the underlying summary-judgment motion or appear at the hearing.

Disposition

affirmed