Winship v. Gargiulo

Pursuant to the Soldiers’ and Sailors’ Civil Relief Act, Paul Winship is seeking to set aside a default judgment taken in a personal injury case. See 50 U.S.C.App. § 520 (1982). The trial court ruled that it was without jurisdiction to consider the motion, and that if it did have jurisdiction, Winship had failed to show that his military service prejudiced his ability to make a defense to the claim asserted against him. The court of appeals affirmed. 754 S.W.2d 360. We deny Winship’s application for writ of error.

In denying the writ, however, we note our disapproval of the court of appeals’…