Exxon Corp. v. Thomason

Fletcher, Presiding Justice.

We granted certiorari in this case to consider the requirement that a defendant set up a meritorious defense in order to open default. Because the court of appeals construed this requirement too narrowly, we reverse the court of appeals’judgment, 1 which held that the trial court erred in opening Exxon Corporation’s default.

James Thomason filed suit against Exxon and others alleging that leaking storage tanks on Exxon’s adjacent property contaminated his property with petroleum. Exxon did not file a timely answer. After the fifteen days in which a defendant may…