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Case Citations [1] (2017)

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                                JUDGMENTS 2D





                          CHAPTER 2. VALIDITY OF JUDGMENTS

§ 1. Requisites of a Valid Judgment

N.M.2016.  Subsec. (2) quot. in sup. Successors-in-interest to grantees of a joint tenancy in real property
sued entities that claimed title to the property's oil-and-gas leasehold interests based on a 1948 quiet-
title judgment, alleging that the judgment was void, because the constructive service of process by
publication on grantees and other interested parties in those proceedings did not meet constitutional
standards and was ineffective. The trial court granted summary judgment for defendants; the court of
appeals reversed. Reversing, this court held that the underlying judgment was not void. The court relied
on Restatement Second of Judgments §§ 1 and 65 in reasoning that the constructive notice given in the
underlying case was sufficient, in that it was reasonably calculated in light of the facts, circumstances,
and resources available at the time to apprise interested parties of the pendency of the action and afford
them an opportunity to present their objections. T.H. McElvain Oil & Gas Limited Partnership v. Group
I: Benson-Montin-Greer  Drilling Corp., Inc., 388 P.3d 240, 248.



                        TOPIC   3. SUBJECT   MATTER JURISDICTION

§ 11. Subject Matter Jurisdiction

Tex.App.2016.  Com.  (e) quot. in case quot. in sup. Terminated employee sued former employer,
alleging unlawful sexual harassment and retaliatory discharge. After a hearing, the trial court granted
employer's plea to the jurisdiction and dismissed employee's claims with prejudice, finding that
employee  failed to exhaust her administrative remedies. Reversing and remanding, this court pointed out
that it was undisputed that employee timely filed a complaint with the Texas Workforce Commission,
which was sufficient in all respects except that it was not verified, and held that employee's failure to
verify the complaint did not create a jurisdictional bar. The court noted that, under the modem direction
of policy described in Restatement Second of Judgments § 11, courts were reluctant to conclude that a
provision was jurisdictional, absent clear legislative intent to that effect, and that the language of the
statute at issue here did not clearly express an intent that the failure to verify a complaint filed with the
commission  deprived the trial court of subject-matter jurisdiction. Reid v. SSB Holdings, Inc., 506
S.W.3d  140, 145.

§ 12. Contesting Subject Matter Jurisdiction

Ohio, 2016. Cit. in case cit. in sup. Criminal defendant was convicted of, among other things, two
counts of aggravated murder and one count of murder, and the trial court purported to merge one count
of aggravated murder and one count of murder into one count of aggravated murder by ordering that the
sentences be served concurrently with each other; the court of appeals affirmed. The trial court denied




           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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