Houston solo Daryl Moore was surprised when the government stepped in and removed to federal court a state court default judgment he won on behalf of a medical-malpractice client. He argued that the removal, which vacated the $700,000 judgment, was improper. And on Sept. 12, the 5th U.S. Circuit Court of Appeals proved him right.
The 5th Circuit set out the following background in Paola Oviedo v. Gregg M. Hallbauer, et al.: Oviedo sued two doctors in state court in 2009, alleging negligence during the course of her treatment while pregnant. The two doctors did not file an answer, and Oviedo moved for a default judgment. The state trial court entered a $700,000 judgment against the doctors, noting that the ruling was final and appealable.
