CARY v. ALFORD

No. 05-1018.

203 S.W.3d 837 (2006)

Robert W. CARY, M.D., Petitioner, v. Mitch ALFORD, Respondent.

Supreme Court of Texas.

September 22, 2006.


Attorney(s) appearing for the Case

Wayne Clawater, Stephen R. Bailey, Allison Standish Miller, Cruse, Scott, Henderson & Allen, L.L.P., Houston, for Petitioner.

Steven B. Thorpe, Carla S. Hatcher, Thorpe, Hatcher & Washington, L.L.P., Dallas, for Respondent.


PER CURIAM.

The issue in this combined bill-of-review and medical-malpractice appeal is whether the defendant's affidavit was sufficient to establish that his failure to answer was an accident rather than conscious indifference. The trial court held that it was, set aside a default judgment for $1,951,188.00, and granted a new trial. Two years later, the trial court granted summary judgment for the defendant.

The Twelfth Court of Appeals reversed, holding...

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