Lemons v. EMW Manufacturing Co.

This is an appeal from a bill of review brought to set aside a default judgment rendered against EMW Manufacturing Company. Following a bench trial, the court dismissed the bill of review. The court of appeals reversed that judgment. 741 S.W.2d 212. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.

The court of appeals found that prior to the bench trial, EMW’s attorney had been under the impression that he was appearing for a preliminary hearing on the issue of meritorious defense, and not a trial of the entire suit. The court of appeals held that the…