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WEMBLEY INV. CO. v. HERRERA

No. 98-1161.

11 S.W.3d 924 (1999)

WEMBLEY INVESTMENT COMPANY, Petitioner, v. Rosaura HERRERA, Respondent.

Supreme Court of Texas.

December 2, 1999.

Attorney(s) appearing for the Case

Wayde Caven Crosnoe, Randy A. Nelson, Dallas, for Petitioner.

Henry Stollenwerck, Dallas, for Respondent.

PER CURIAM.

Wembley Investment Company seeks to set aside a default judgment by bill of review. The trial court granted Wembley summary judgment on the bill of review, but the court of appeals reversed, holding that Wembley failed to prove as a matter of law that it was diligent in pursuing a ruling on its motion for new trial while the default judgment remained interlocutory. 12 S.W.3d 83. We hold that, because Wembley timely filed...

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