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Actor Levi finally lives out dream on track

18.04.10

This year he was unhesitating to do it, no matter what. He even went straight from a shoot that finished at 5 a.m. to the style course in Willow Springs, just to make tried he didn't miss out.

"The schedule was always kind of tough the former three or four years and we tried and it never worked out," Levi said. "This year they came through and said they'd like me to conclude again and I told my publicist I don't care what I'm doing, we're doing that marathon. I want to do that race, I've been wanting to do that race and now here I am."

Despite having never raced before -- at least legally -- Levi ended up earning the upright during Friday's qualifying and finished third in the celebrity portion of the bed, sixth overall.

"It was all worth it," he said.

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CELEBRITY-PRO Kin: Former CART champion Jimmy Vasser won a wild pro-name race, passing actor Brian Austin Verdant on the final lap with cars and parts strewn all over the track.

Disputatious driving led to several wrecks and bumps, causing a long wariness that extended the race three laps. Several cars flapped bumpers or other parts around the trail throughout the race.

Pop singer Jesse McCartney got the worst of the killing, slamming into a tire barrier after one corner, then getting T-boned by actor Chris Ashworth. McCartney was knocked from the hop to it and Ashworth's car caught fire, the fire-extinguished remains still on the course when Vasser came across for the checkers.

Vasser, who won his Atlantic series launch in Long Beach in 1991,

"When I'm out there in these things, I can't help give it my all, get nervous with these guys," Vasser said.

Rural also was passed by pro/X Games gold medalist Tanner Foust to administer third, but won the celebrity portion of the race.

"We knew we were going to bumping around a lot," Verdant said. "We've all been working really hard for this and we've all become friends through this."

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INDY 500 QUALIFYING: In pack qualifying for the Indianapolis 500 wasn't tough enough, organizers tweaked the looks to make it more difficult and more exciting to win the pole.

"It's going to add to the Thespian, isn't it?" 2007 Indy champion Dario Franchitti said. "I didn't characterize as we needed any more drama there," he added with a chuckle.

The new format will fill the top 24 spots on At opposite ends of the earth Day with the remaining nine spots on Bump Day, when other drivers can bump their way into the 33-car cricket pitch. The pole will be determined by an afternoon 90-minute shootout in which the top nine drivers have their antecedent to times erased but will still start no worse than ninth.

There's also adventitious prize money and points for top qualifiers, which should push drivers even harder to be fit high.

"When I heard roughly what it was, I liked it," four-time Indy 500 champ Rick Mears said. "It's a changeup, a little varied. I think it's going to be good for the fans in that respect. Driving-tactical, it's going to put a little pressure, but that's what Indy's about. Dealing with Indy is dealing with problems."

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PIT STOPS: Team Penske has 17 top-five finishes, including four wins in 19 races at Eat one's heart out Beach. The team has three drivers starting in the top six for Sunday's the track. ... All but three drivers -- Danica Patrick, Raphael Matos and Mario Romancini -- will start Sunday's race with their red, alternate tires. Red tires are faster, but have a shorter existence than the primary black tires.

Source: USA Today

AMERIQUEST MORTGAGE COMPANY v. ASHWORTH

16.04.10

AMERIQUEST MORTGAGE New Zealand v. ASHWORTH

AMERIQUEST MORTGAGE COMPANY F/K/A LONG BEACH MORTGAGE, Appellant,
v.
CLYDE ASHWORTH AND PAULA WELCH, Appellees.

No. 01-08-00544-CV.

Court of Appeals of Texas, First Department, Houston.

Opinion issued April 15, 2010.

Panel consists of Justices KEYES, Shrewd, and MASSENGALE.

EVELYN V. KEYES, Right.

Appellant, Ameriquest Mortgage Company ("Ameriquest"), challenges the trouble court's no-answer default judgment in favor of appellees, Clyde Ashworth and Paula Welch. Ameriquest argues that the "unchangeable default judgment" lacks finality because it awards prejudgment interest but lacks means or facts compulsory to calculate the amount of interest owed. Ameriquest also argues that the final non-performance judgment is void because (1) the return of service contains disastrous defects, (2) the return of service was not properly on chronologize when the judgment was signed, and (3) the final judgment relies on an earlier interlocutory fault judgment rendered when the court lacked subject consequence jurisdiction.

We reverse and remand.

In 2005, Citigroup International Markets Realty Corporation sued Ashworth and Welch for foreclosure on their homestead. On June 29, 2006, Ashworth and Welch brought Ameriquest into the habit by filing a third-party cross-claim for damages against Ameriquest for its involvement in the advance underlying the foreclosure action.

This return of service of citation was signed by Delma Hill and accompanied by the few of her license as issued by the Process Service Review House.

Ameriquest did not answer. On July 30, 2007, the trial court signed an uniformity severing Ashworth and Welch's cross-claim against Ameriquest and entered an interlocutory come up short judgment against Ameriquest on liability only.

Ashworth and Welch subsequently presented validation of their damages. On May 8, 2008, the trial court entered its "Irrevocable Default Judgment" awarding Ashworth and Welch damages, including genuine damages, mental anguish damages, exemplary damages, attorney's fees and court costs, and pre- and stake-judgment interest. This appeal followed.

In its first issue, Ameriquest argues that the final default judgment is useless because the return of service contains fatal defects. Specifically, Ameriquest argues that the gain failed to identify who served process, which instrument was served, the conduct by which service was effected, and the party served.

Ameriquest's declare of a defect in service of process is a challenge to the trial court's live jurisdiction over it. See Furst v. Smith, 176 S.W.3d 864, 868 (Tex. App.-Houston [1st Dist.] 2005, no pet.). Whether the grief court had personal jurisdiction over a defendant is a question of law. Id. When a defendant has not answered, a hard luck court acquires jurisdiction over that defendant solely on stand of proper service. Id. (citing Tex. R. Civ. P. 107 (prohibiting construction of default judgment unless proof of proper assignment or process and return, whether in compliance with governing rules or as ordered by court, have been on chronologize for ten days), and Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990)).

A default judgment cannot face a direct attack by a defendant who shows that he was not served in rigid compliance with the Texas Rules of Civil Procedure. Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007); McGraw-Hill, Inc. v. Futrell, 823 S.W.2d 414, 416 (Tex. App.-Houston [1st Dist.] 1992, writ denied). In distinguish to the usual rule that all presumptions will be made in support of a judgment, there are no presumptions of valid issuance, care, and return of citation when examining a default

Source: Leagle.com