Pns Stores, Inc., D/b/a MacFrugal’s Bargain Closeouts D/b/a/ MacFrugals, Inc., Petitioner v. Anna E. Rivera as Next…

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that the default judgment against PNS Stores was voidable, not void, and therefore could not be collaterally attacked. The Court also found that there is sufficient evidence of extrinsic fraud to raise a genuine issue of material fact, rendering the summary judgment improper. The case was remanded for further proceedings on the extrinsic fraud and limitations issues.