United States Fifth Circuit

In an action to determine ownership of a corporation and a home transferred to plaintiff-law firm as part of a retainer agreement, denial of defendant's motion to vacate a default judgment is affirmed in part and vacated in part where: 1) defendant was properly served with a summons and thus was not entitled to relief from the default judgment under Fed. R. Civ. P. 60(b)(4); but 2) remand was necessary to determine whether defendant's motion for relief from default judgment under Rule 60(b)(1) on the basis of excusable neglect was supported by the record.

Appellate Information

• Decided 08/26/2008
• Published 08/26/2008

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Steven J. Knight (argued), Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Ingrid Felderhof., Thomas Mente Benjamin (argued), Alan H. Goodman, Lemle & Kelleher, New Orleans, LA, for Groia & Co.


• For Appellees:
  
• Daniel V. Flatten (argued), Nancy Hahn Elliott, Porter Hedges, Houston, TX, for Plaintiff-Appellee.