[Download] "Carey Crutcher v. Mid-Coast Diesel Services" by Thirteenth District, Corpus Christi No. 13-86-513-CV Court of Appeals of Texas " eBook PDF Kindle ePub Free

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eBook details

• Title: Carey Crutcher v. Mid-Coast Diesel Services
• Author : Thirteenth District, Corpus Christi No. 13-86-513-CV Court of Appeals of Texas
• Release Date : January 19, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Appellant contests a default judgment in a suit on sworn account by a sole point of error. We affirm the judgment of th trial court. Appellant contends that the trial court abused its discretion, and claims to have met the requirements for setting aside a default judgment set out in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124 (Tex. 1939). A defendant must show 1) that the failure to answer was not intentional or the result of conscious indifference, but was due to mistake or accident; 2) that he has a meritorious defense; and 3) that when the motion was filed, granting it would not cause delay or other injury to the plaintiff. Cliff v. Huggins, 724 S.W.2d 778, 30 Tex. Sup. Ct. J. 205 (Feb. 11, 1987); Strackbein v. Prewitt, 671 S.W.2d 37, 38 (Tex. 1984); Craddock, 133 S.W.2d at 126; Perez v. Columbia Civic Center, Inc., 658 S.W.2d 341, 343 (Tex. App.--Corpus Christi 1983, no writ).

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