Legal Question in Civil Litigation in Texas

lack of subject mater

the defendant failed to answer the complaint and a

default judgement motion was filled which was denied

because of service to defendant which was overturned

by the fifth circuit however they affarimed the

dismissal baised on lack of subject matter

jurisdiction, my question is how could that be if the

other side does not answer the case would that take

away the jurisdiction from the appeals court science

the matter was never before the district court and am

i right that the defendant has to file a answer for

the case to go to the appeals court


Asked on 1/18/01, 2:55 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: lack of subject mater

If the def't was not served properly, the judgment is fatal to begin with and the appeals court never acquired subject matter jurisdiction.

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Answered on 2/13/01, 4:58 pm


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