SUTHERLAND v. SPENCER

No. 10-0750.

376 S.W.3d 752 (2012)

Robert SUTHERLAND, Jesus De La Garza and Southern Customs Paint and Body, Petitioners, v. Robert Keith SPENCER, Respondent.

Supreme Court of Texas.

June 29, 2012.


Attorney(s) appearing for the Case

Jon D. Brooks , Brooks LLP, Corpus Christi, TX, for Robert Sutherland.

Rene Rodriguez , Law Offices of Rene Rodriguez, Corpus Christi, TX, for Robert Keith Spencer.


Justice GREEN delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, Justice JOHNSON, Justice GUZMAN and Justice LEHRMANN joined.

In this case, we consider whether the excuse offered by defendants for failing to answer a lawsuit timely is sufficient to satisfy the first element of the Craddock test for setting aside a no-answer default judgment; i.e., that the failure to appear was not intentional or the result...

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