Milestone Operating, Inc. and Dstj, L.L.P. v. Exxonmobil Corporation

In this case, we consider whether the defendants satisfied the first element of the Craddock test for setting’ aside a no-answer default judgment. See Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126 (1939) (requiring a new trial if the defendant shows (1) that the default was neither intentional nor the result of conscious indifference, (2) a meritorious defense, and (3) that a new trial would cause neither delay nor undue prejudice). Because the evidence in this case established that the defendants’ failure to answer was not intentional or the result of conscious…