Gilbert v. Brownell Electro

BILL BASS, Justice.

This is an appeal from a denial of a motion to set aside or vacate a default judgment and to grant a new trial. Gilbert failed to answer in the underlying lawsuit and now claims that he was entitled to a new trial under the test set out in Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124, 126 (1939). We find that the trial court did not abuse its discretion in denying Gilbert’s equitable motion for new trial. Accordingly, we affirm the trial court’s judgment.

Appellee Brownell Electro, plaintiffs in the trial court, sued Gilbert, doing business as Tyler Armature…