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 grant of a bill of review, holding that the default judgment should not be reinstated because the defendant was misinformed by the clerk and had a meritorious defense with no injury to the plaintiff. The Court applied the standards from Alexander v. Hagedorn, finding no intentional or conscious indifference in the defendant's failure to answer. Justice Griffin dissented, arguing that the majority improperly altered established bill of review law.