PNS Stores, Inc. v. RiveraAnnotate this Case
In this appeal from a summary judgment dismissal of a direct and collateral attack, Petitioner contended that the underlying judgment was void and subject to collateral attack at any time. In this regard, Petitioner argued that the trial court rendering the default judgment never acquired personal jurisdiction over it because the service of process was defective. Alternatively, Petitioner argued that its adversary's extrinsic fraud prevented it from learning about the underlying default judgment and that limitations was thereby tolled, making its direct attack through a bill of review timely. The court of appeals affirmed the summary judgment, concluding that the underlying default judgment was not void and that there was no evidence of extrinsic fraud that would toll limitations. The Supreme Court reversed, holding (1) the alleged defects in service of process were not sufficient to render the default judgment void, but (2) summary judgment was improperly granted because there was some evidence of extrinsic fraud. Remanded.