J.D. Auto Corp. v. Michael H. Bell

• Court: Court of Appeals of Texas
• Decided: August 26, 2024
• Docket: 08-22-00187-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JD AUTO CORP., § No. 08-22-00187-CV

Appellant, § Appeal from the

v. § 384th Judicial District Court

MICHAEL H. BELL, § of El Paso County, Texas

Appellee. § (TC# 2021DCV0743)

JUDGMENT

The Court has considered this cause on the record and concludes there was error in the

judgment. We therefore reverse the judgment of the court below and render judgment for Appellant

on its bill of review based on a violation of its due process rights. We further vacate the 2016

default judgment and return the parties to their original status as plaintiff and defendant in

Appellee’s employment suit with Appellee carrying the burden of proving his employment

discrimination claim.

We further order that Appellant recover from Appellee all costs of appeal for which let

execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 26TH DAY OF AUGUST 2024.

GINA M. PALAFOX, Justice

Before Alley, C.J., Palafox and Soto, JJ., and Rodriguez, C.J. (Senior Judge) (en banc) Soto, J., concurring Rodriguez, C.J. (Senior Judge), dissenting