ESPINOZA v. HUMPHRIES

No. 21-11202.

44 F.4th 275 (2022)

Edmundo ESPINOZA, an individual, Plaintiff-Appellee, v. Steven Eugene HUMPHRIES, an individual, also known as Steve Humphries, also known as Steven H. Humphries, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 10, 2022.


Attorney(s) appearing for the Case

Edmundo Espinoza, Esq., Attorney, Buda, TX, Pro Se.

Charles Sherrard , Denison, TX, for Defendant-Appellant.

Before Smith, Clement, and Haynes, Circuit Judges.


After a defendant fails to appear, the court enters a default. The defendant then objects, citing the plaintiff's failure to perfect service. Must the court set aside the entry of default and vacate the default judgment? Because the answer is yes, we vacate and remand.

Three years ago, Edmundo Espinoza sued...

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