AXELROD R & D, INC. v. Ivy

CARROLL, Chief Justice.

The question presented in this appeal is whether Axelrod R & D, Inc. and Micro-waste National Corporation are entitled to a bill of review to set aside a default judgment. The trial court denied the bill of review in a summary-judgment proceeding. We reverse the judgment of the trial court and remand for further proceedings on the bill of review.

BACKGROUND

In October 1990, Frank Ivy brought suit against Axelrod R & D and Microwaste to recover on a promissory note. Ivy served process on Richard Donelly, who is a board member of Microwaste, but is not the president, vice…