Bank One, Texas, N.A. v. Moody

OPINION

COOK, Justice.

This case presents a question of the appropriate interpretation and application of the Craddock test for granting a new trial after a default judgment. Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124 (1939).

Robert L. Moody served a writ of garnishment on Bank One.1 After Bank One failed to file an answer, Moody obtained a default judgment for $82,000, plus $1,000 for attorney’s fees, interest and costs. Bank One then filed a motion for new trial that was overruled by operation of law. The court of appeals affirmed the trial court. 800 S.W.2d 280. We hold that…