LOPEZ v. LOPEZ

No. C-7226.

757 S.W.2d 721 (1988)

Guadalupe LOPEZ, et al., Petitioners, v. Sylvestra F. LOPEZ, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 19, 1988.


Attorney(s) appearing for the Case

Stuart F. Lewis, Dillon, Lewis, Elmore & Smith, Bryan, C. David Stasny, College Station, for petitioners.

Chris J. Kling, Lawrence, Thornton, Payne, Watson & Kling, Bryan, for respondents.


PER CURIAM.

The issue of concern in this appeal is whether a defendant, who is not notified of a trial setting and consequently does not appear, must nevertheless set up a meritorious defense in order to obtain a new trial. In an unpublished opinion, the court of appeals has held that regardless of the reason for defendant's failure to appear or answer, the requirements of Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 393, 133 S.W.2d 124, 126 (1939),...

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