Jerry Hanks, Petitioner v. Joseph N. Rosser, Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court's judgment setting aside the default judgment against Hanks and granting him relief on his cross‑action. The Court held that a bill of review may be granted when a litigant is misled by official court‑clerk misinformation within the ten‑day period, provided there is a meritorious defense and no injury to the plaintiff. The dissent argued that the majority improperly altered the traditional three‑prong test for a bill of review.