Oliver Ward, Petitioner v. David Nava, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, setting aside the $25,000 default judgment against Ward because he established a meritorious defense and a sufficient excuse under Craddock and Ivy, while affirming that a defendant’s own affidavit alone cannot overcome the presumption of service without corroborating evidence. Justice Reavley dissented, arguing the excuse was not proven.