Alvarado v. Reif

OPINION

ARNOT, Justice.

On June 7, 1986, appellant, Miguel Alvarado, was involved in an automobile collision with appellee, Thomas J. Reif. Appel-lee filed suit against appellant in Dallas County Court at Law No. 3 on June 3, 1988. Appellant was properly served with citation but failed to respond by the required answer date. Appellee subsequently obtained a default judgment against appellant on August 9, 1988. On September 9, 1988, (one day after the period allowed by TEX.R.CIV.P. 329[a]), appellant filed a motion for new trial and to vacate default judgment urging the elements stated in…