Cintas-R U.S. won a default judgment for more than $19,000 against appellant J&J Container Manufacturing. Appellant only became aware of the judgment when a constable collected the money, and it appealed on grounds that the judgment was void due to lack of service. The appeals court remanded, at which point Cintas filed notice of nonsuit, and the trial court dismissed the case while Cintas kept the $19,000. Appellant then filed for a new trial, which the court denied, and another appeal followed. Appellant argued the trial court abused its discretion by dismissing the suit without requiring Cintas to return the money, and by denying the new trial motion. The court found that appellant asserted in its motion that Cintas could not keep the money unless it prevailed on its breach of contract claim. The court held that because this motion therefore notified the trial court that appellant sought a return of its money, the trial court abused its discretion by denying the motion for a new trial. The court reversed and remanded, directing the trial court to "consider J&J's right to restitution and any other claims raised by the pleadings."
J&J Container Manufacturing, Inc., v. Cintas-R U.S., Houston 1st Court of Appeals, Case No. 01-16-00432-CV, 3/2/17.
|March 17, 2017
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