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Perdue v. Patten Corp.

A party who receives notice of a judgment too late to pursue other legal remedies is necessarily relieved of the requirement of showing due diligence in pursuing legal remedies against that judgment. Because there is a fact issue whether the Perdues' failure to receive notice of the dismissal hearing was the result of official mistake, it would be error to find as a matter of law that they had not exercised due diligence in pursuing legal remedies.

August 30, 2004 at 12:00 AM

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The original version of this story was published on Texas Lawyer

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