Thomason v. Exxon Corp.

Birdsong, Presiding Judge.

Pursuant to our grant of an interlocutory appeal, James Thomason appeals the trial court’s grant of Exxon Corporation’s motion to open a default. He contends the trial court erred by opening the default because Exxon failed to tender a legal excuse for the default and did not set forth a meritorious defense. He also contends the trial court erred by allowing Exxon to engage in discovery even though it had announced ready for trial as a condition to opening the default.

This appeal arises from an action based on trespass and nuisance that Thomason filed against Randy…