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BANK ONE, TEXAS, N.A. v. MOODY

No. D-0722.

830 S.W.2d 81 (1992)

BANK ONE, TEXAS, N.A., Formerly Deposit Insurance Bridge Bank, N.A., Petitioner, v. Robert L. MOODY, Jr., Respondent.

Supreme Court of Texas.

Rehearing Overruled June 24, 1992.

Attorney(s) appearing for the Case

J. Michael Fieglein, Galveston, for petitioner.

Andrew J. Mytelka, Arnold G. Polanco, for respondent.

OPINION

COOK, Justice.

This case presents a question of the appropriate interpretation and application of the Craddock test for granting a new trial after a default judgment. Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124 (1939).

Robert L. Moody served a writ of garnishment on Bank One.1 After Bank One failed to file an answer, Moody obtained a default judgment for $82,000, plus $1,000 for...

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