Texas Industries, Inc. v. Sanchez
| Decision Date | 16 July 1975 |
| Docket Number | No. B--5293,B--5293 |
| Citation | 525 S.W.2d 870 |
| Parties | TEXAS INDUSTRIES, INC., Petitioner, v. Henry SANCHEZ, Respondent. |
| Court | Texas Supreme Court |
Bagby, McGahey, Ross & DeVore, Phillip C. McGahey and Stewart DeVore, Jr., Arlington, for petitioner.
Bean, Francis, Ford, Francis & Wills, Judson Francis, Jr., Dallas, Joe W. Walsh & Associates, Lee Arnett, Brownsville, for respondent.
This is an appeal from a Bill of Review judgment setting aside a default judgment against the defendant and rendering a judgment that plaintiff take nothing. The court of civil appeals affirmed. 521 S.W.2d 133. In denying the application for writ of error, no reversible error, we specifically approve the holding of the court of civil appeals that proof of defendant not having been served with citation obviates the necessity of pleading and proving the second Hagedorn requirement: that the defendant was 'prevented from making (his meritorious defense) by fraud, accident, or wrongful act of the opposite party . . ..' 1 See Petro-Chemical Transport, Inc. v. Carroll, 514 S.W.2d 240, 243--244 (Tex.1974) and Hanks v. Rosser, 378 S.W.2d 31 (Tex.1964).
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Joiner v. Vasquez
...from making his defense to the original suit by fraud, accident, or wrongful act of the opposing party. Texas Industries, Inc. v. Sanchez, 525 S.W.2d 870, 871 (Tex.1975). We need not determine whether Joiner was required in the first bill of review to prove a meritorious defense to the term......
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Caldwell v. Barnes, 13-93-699-CV
...is seeking to set aside a default judgment on the ground that he did not receive notice of pending litigation. In Texas Indus., Inc. v. Sanchez, 525 S.W.2d 870, 871 (Tex.1975), the Texas Supreme Court held that, upon proof that he was not served with citation, a defendant need not prove the......
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Ross v. National Center for Disabled
...In such cases, the petitioner need not prove fraud, accident or a wrongful act of the opposite party. Id. (citing Texas Indus., Inc. v. Sanchez, 525 S.W.2d 870, 871 (Tex.1975)). He also does not have to prove a meritorious defense. Id. (citing Peralta v. Heights Med. Ctr., Inc., 485 U.S. 80......
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Morris v. Morris
...he was prevented from making a meritorious defense in a bill of review case when service of process is void. See, Texas Industries, Inc. v. Sanchez, 525 S.W.2d 870 (Tex.1975); Joiner v. Vasquez, 632 S.W.2d 755, 761 (Tex.App.--Dallas 1981, no writ). The trial court would lack jurisdiction. T......