MILESTONE OPERATING v. EXXONMOBIL CORP.

No. 11-0647.

388 S.W.3d 307 (2012)

MILESTONE OPERATING, INC. and DSTJ, L.L.P., Petitioners, v. EXXONMOBIL CORPORATION, Respondent.

Supreme Court of Texas.

Rehearing Denied January 18, 2013.


Attorney(s) appearing for the Case

Harry Miles Klaff , Jason Christopher McLaurin , Nicholas Mathias Krohn , Brown Sims PC, Houston, TX, for Milestone Operating, Inc. and DSTJ, L.L.P.

David M. Gunn , Beck Redden & Secrest, L.L.P., Dick Watt , Katherine Ann Willia Strange , Watt Beckworth Thompson Henneman & Sullivan LLP, Thomas Neal Nobles , Exxon Mobile Corporation, Houston, TX, for ExxonMobil Corporation.


PER CURIAM.

In this case, we consider whether the defendants satisfied the first element of the Craddock test for setting aside a no-answer default judgment. See Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126 (1939) (requiring a new trial if the defendant shows (1) that the default was neither intentional nor the result of conscious indifference, (2) a meritorious defense, and (3) that a new trial would cause neither delay nor...

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