Default judgment stands; knowledge imputed

Originally published by David Coale.

By early 2019, the attorney-client relationship between Klein and McCray was disintegrating. With a summary judgment hearing looming, Klein moved for continuance and asked for latitude at the hearing “because my client has not provided me with key materials” and discussing the topic of his withdrawal. The trial court then granted summary judgment against McCray (in an order that Klein agreed to “as to form”), after which Klein moved for withdrawal and was allowed to do so.

McCray sought relief from the judgment, “denying he received notice of the summary judgment motion from Klein.” This request led to a difficult, but outcome-determinative question, as to whether Klein’s knowledge should be imputed to McCray, despite their deteriorated relationship:

If [McCray] is correct in his position on the law and facts, then Craddock applies to his claim because it means he would have had no notice of the motion, the failure to respond, or the summary judgment hearing, and a motion for new trial is the proper method to challenge the summary judgment. If he is incorrect on his no-imputation argument, then Carpenter applies and he is required to challenge the trial court’s denial of his motion for continuance for an abuse of discretion, which he has not done.

The Fifth Court held that “[b]ecause Klein was still actively (if not sufficiently) representing [McCray] prior to and at the summary judgment hearing, Klein’s knowledge is imputed to [McCray].” McCray v. McCray, No. 05-19-00556-CV (Feb. 20, 2020).

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