Robert Embser, Jr. v. Steve Breneman

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-97-00765-CV

Robert Embser, Jr., Appellant

v.

Steve Breneman, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT

NO. 96-03752, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING

Steve Breneman brought a bill of review seeking to set aside a default judgment rendered against him. The trial court granted the bill of review, set aside the default judgment, and granted a new trial. The trial court did not, however, reach the merits of the underlying cause of action. An order granting a bill of review that sets aside a prior…