DSC Finance Corp. v. Moffitt
Cases that cite this one
123 later published cases cite this decision. The 23 that cite it most often are listed here.
- Rebecca Vaughan v. Betty Medina, Individually and as Next Friend of Her Minor Child G.T and Y.H (Tex. App. 2011)
- William C. Zinger v. Erika R. Lacey (Tex. App. 1999)
- Juan Ayala v. Blanca Edit Ayala (Tex. App. 2011)
- Leonard Manor, Inc. v. Century Rehabilitation of Texas, L.L.C. (Tex. App. 2009)
- Cordero v. American Home Assurance Co. (Tex. App. 2005)
- Elena Cordero v. American Home Assurance Co. (Tex. App. 2005)
- Allstate Insurance Company v. Century Bank, N.A. (Tex. App. 2004)
- Eddie Chambliss v. State (Tex. App. 2003)
- Reynaldo Tavarez v. John Floyd Smith and Melissa Smith (Tex. App. 2002)
- Reynaldo Tavarez v. John Floyd Smith and Melissa Smith (Tex. App. 2002)
- Steve Scott Wilt v. State (Tex. App. 2002)
- Ford Housing Finance Services D/B/A Associates Housing Finance Services v. Virgilio Posada (Tex. App. 2001)
- Ford Housing Finance Services D/B/A Associates Housing Finance Services v. Virgilio Posada (Tex. App. 2001)
- In re EKN (Tex. App. 2000)
- Tranum, Thomas David v. Tranum, Olimpia S. (Tex. App. 2000)
- In the Interest of E.K.N. (Tex. App. 2000)
- Stankiewicz v. Oca (Tex. App. 1999)
- Johnny's Mercedes, Inc. v. Walter Barrett (Tex. App. 1999)
- Fowler v. Quinlan Independent School District (Tex. App. 1998)
- Norman Communications v. Texas Eastman Co. (Tex. 1997)
- Canadian Triton International Ltd. v. JFP Energy, Inc. (Tex. App. 1994)
- Sebastian v. Braeburn Valley Homeowner's Ass'n (Tex. App. 1994)
- Tatianna Turner v. Nicole Johnson (Tex. App. 2024)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
On Application foe WRIT of ERROR to THE COURT OF APPEALS FOR THE Fifth DistRict of Texas
The order of this court of April 17, 1991, granting the application for writ of error is withdrawn, as the application was improvidently granted.
DSC Finance Corporation obtained a post-answer default judgment against Lawrence Moffitt for breach of a guaranty agreement. Moffitt challenged the judgment by writ of error to the court of appeals. 797 S.W.2d 661.
We recently stated the four elements of a writ of error appeal:
A direct attack on a judgment by writ of error must: (1) be brought within six months after the judgment was signed, Tex.Civ.Prac. & Rem.Code Ann. § 51.013 (Vernon 1986); Tex.R.App.P. 45; (2) by a party to the suit, Tex.R.App.P. 45; (3) who did not participate in the actual trial, id.; (4) and the error complained of must be “apparent from the face of the record.” Brown v. McLennan County Children’s Protective Servs., 627 S.W.2d 390, 392 (Tex. 1982).
General Electric Co. v. Falcon Ridge Apartments, 811 S.W.2d 942, 943 (Tex. 1991). Some intermediate appellate courts have interpreted the last requirement as limiting review to error shown by reference solely to the transcript, or to fundamental error. See, e.g., Gourmet, Inc. v. Hurley, 552 S.W.2d 509, 512-13 (Tex.Civ.App.—Dallas 1977, no writ).
Our opinion in Brown did not alter the scope of review by writ of error. In determining whether Moffitt had met the requirement that error appear on the face of the record, the court of appeals correctly concluded that it “may consider all of the papers on file in the appeal including the statement of facts.”
The application for writ of error is denied.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.