A.T. Lowry Toyota, Inc. v. Peters

*308OPINION

HOYT, Justice.

This is an appeal from a judgment denying a petition for bill of review seeking to set aside a default judgment awarding damages of $45,200. Appellee, Alan Peters, obtained a default judgment against appellant, A.T. Lowry Toyota, Inc. (“Toyota”) on April 17, 1985. On November 8, 1985, Toyota instituted its suit against Peters for bill of review. In its petition for bill of review, Toyota asserted that: (1) it did not discover the fact that suit had been instituted until November 5, 1985, after default had been entered; and (2) Peters did not serve it with process as…