[Download] "Guaranty County Mutual Insurance Company v. Fred Reyna" by Supreme Court of Texas No. C-4933 # Book PDF Kindle ePub Free

eBook details

Title: Guaranty County Mutual Insurance Company v. Fred Reyna
Author : Supreme Court of Texas No. C-4933
Release Date : January 14, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Per Curiam Fred Reyna brought a declaratory judgment action against Guaranty Mutual and Trey Bingham to determine coverage on two of Reyna's vandalized trucks. Reyna later nonsuited the declaratory action and refiled against both defendants under the DTPA. When Guaranty failed to appear on the DTPA claim, Reyna nonsuited Bingham and took a default judgment against Guaranty. Guaranty filed a motion for new trial, which the trial court denied. The court of appeals affirmed, 700 S.W.2d 325. We refuse the application for writ of error, no reversible error. However, we note that the court of appeals erred in holding that granting Guaranty's motion for new trial would prejudice Reyna because nonsuiting Bingham allowed the statute of limitations to run on a claim against Bingham. A motion for new trial to set aside a default judgment should be denied when granting the motion would cause delay or injury to the plaintiff. Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124 (1939). Reyna's injury was caused by his own action in nonsuiting Bingham and letting the statute of limitations run against him.1 Granting Guaranty's motion for new trial would not injure or delay Reyna beyond his already fixed, self-imposed injury because Reyna is injured as to Bingham whether or not the motion is granted.