Oliver Ward, Petitioner v. David Nava, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, setting aside the default judgment against Ward because his motion for a new trial satisfied the Craddock‑Ivy requirements of a meritorious defense and a valid excuse, while affirming that an affidavit alone cannot overcome the presumption of proper service without preponderance evidence. Justice Reavley dissented, arguing the excuse was insufficient.