(Dallas, Texas) (October 21, 2024)- In a significant legal win, the Dallas office of Wood Smith Henning & Berman (WSHB) secured an exceedingly rare appellate victory through a restricted appeal, a seldom-used legal tool with strict limitations. The successful appeal overturned a default judgment, offering new hope for clients who believed all legal avenues had been exhausted.
The case involved a non-profit community arm of a collective that oversees the ownership of 300 restaurants. After the entry of a default judgment against the non-profit, the client came to WSHB, but the usual deadline to file an appeal had passed. Despite the client receiving proper service and thus being aware of the lawsuit, the Dallas team pursued a restricted appeal- a legal strategy that is often considered a Hail Mary due to its limited applicability and strict procedural requirements.
To even establish jurisdiction for the restricted appeal, the firm had to demonstrate four critical factors:
- The notice of restricted appeal was filed within six months after the judgment was signed.
- The client was a party to the underlying lawsuit.
- The client did not participate in the hearing that resulted in the judgment, nor did they file any timely post-judgment motions.
- The error was apparent on the face of the record, as extrinsic evidence cannot be considered in such appeals.
The Texas Court of Appeals, which cannot consider any extrinsic evidence or equitable considerations in restricted appeals, found several errors on the record which justified vacating the default judgment. This outcome is particularly extraordinary given that the client had been properly served, making restricted appeals in such cases all the more unusual.
"This is an incredibly rare victory," said Christopher Chapaneri, lead appellate counsel on the case. "Restricted appeals are rarely granted in Texas, and they're usually reserved for situations where there was a defect in service, meaning the party had no knowledge of the lawsuit. Our success in this case highlights the skill and tenacity of our team, especially Clay Dawson who expertly completed the majority of the briefing in this case."
The case's backstory is equally compelling. The plaintiff was planning to dissolve and transfer all assets to build a mosque in Dallas, which added a unique layer of complexity and community interest to the proceedings. Through this appeal, WSHB was able to provide their client with a critical legal lifeline, offering the opportunity to contest a judgment that would have otherwise stood uncontested.
This victory underscores the firm's deep appellate expertise and its ability to achieve extraordinary results even in the most challenging legal scenarios.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of almost 500 lawyers across 42 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.