Caldwell v. Barnes

Petitioner seeks to set aside a default judgment by bill of review. The court of appeals affirmed summary judgment for respondent. 941 S.W.2d 182. The principal issues we address are first, whether exhaustion of legal remedies not only in Texas but in other jurisdictions is a prerequisite to relief by bill of review, and second, whether petitioner’s action is barred by laches even though it was filed within the statutory limitations period. We reverse and remand to the district court for further proceedings.

I

Robert Barnes sued Harold Caldwell and others in Hidalgo County in April 1989,…