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Garcia v. Tenorio

A litigation adjustor of ordinary prudence, aware of the consequences and time-sensitive nature of a default judgment, would have taken some action upon being informed that such a judgment had been taken against an insured.

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

OPINION

Appellant Perlita Garcia appeals from the trial court’s judgment non obstante veredicto (n.o.v.) denying her petition for bill of review, which sought to set aside a default judgment entered in favor of Appellee Emiliano Tenorio. In a single issue on appeal, Garcia contends that the trial court erred in granting Tenorio’s motion for judgment n.o.v. and in finding that Garcia’s insurance company, acting as her agent, was negligent as a matter of law. We affirm.

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