Default Judgment Vacated Where Defendant Was Not Properly Served with Process: Fifth Circuit | Practical Law

Default Judgment Vacated Where Defendant Was Not Properly Served with Process: Fifth Circuit | Practical Law

In Thompson v. Deutsche Bank National Trust Company, the US Court of Appeals for the Fifth Circuit held that the district court correctly vacated a default judgment against the defendant and removed the action to federal court, because the defendant was never properly served with process and moved for removal within the time period allowed for restricted appeals under Texas law.

Default Judgment Vacated Where Defendant Was Not Properly Served with Process: Fifth Circuit

by Practical Law Litigation
Published on 05 Jan 2015USA (National/Federal)
In Thompson v. Deutsche Bank National Trust Company, the US Court of Appeals for the Fifth Circuit held that the district court correctly vacated a default judgment against the defendant and removed the action to federal court, because the defendant was never properly served with process and moved for removal within the time period allowed for restricted appeals under Texas law.