Lopez v. Lopez

The issue of concern in this appeal is whether a defendant, who is not notified of a trial setting and consequently does not appear, must nevertheless set up a meritorious defense in order to obtain a new trial. In an unpublished opinion, the court of appeals has held that regardless of the reason for defendant’s failure to appear or answer, the requirements of Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 393, 133 S.W.2d 124, 126 (1939), must be served. One such requirement is that the defendant support his motion for new trial with an affidavit which factually sets up a meritorious…