Dolgencorp of Texas, Inc. v. Lerma

This appeal arises from a post-answer default judgment entered against Dolgen-corp of Texas, Inc., d/b/a Dollar General Store (“Dollar General”) when its counsel failed to appear for trial because he was in a preferential trial setting in another county. Because Dollar General established it was entitled to a new trial pursuant to the factors set out in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126 (1939), we reverse and remand for a new trial.

On May 9, 2000, a fire damaged several stores at the Palm Village Shopping Center in Brownsville. Four tenants (“Ler-ma”)…