Old Republic Insurance Co. v. Scott

In its appeal, Old Republic urges that the trial court abused its discretion when it overruled Old Republic’s equitable motion for new trial because the affidavits attached to the motion established all three elements required under Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124, 126 (1939). Applying Craddock and Strackbein v. Prewitt, 671 S.W.2d 37, 38-39 (Tex.1984), we hold that the court of appeals erred in affirming the trial court on the basis that Old Republic failed to satisfy the first prong of Craddock, and therefore reverse and remand to the court of appeals.

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