Richards v. Smith

The writer respectfully submits the following views and reasons for dissenting from the majority opinion:

*7281. The trial court by its action in sustaining appellee’s motion for summary judgment found as a matter of law that appellant failed to establish a fact issue.

2. There is no question but that appellant established a fact issue as to whether he had a meritorious defense to the original suit.

3. One of the few grounds for setting a final judgment aside is that the movant must prove he was prevented from making a valid defense to the original cause of action by extrinsic fraud, accident or…