Petro-Chemical Transport, Inc., Petitioner v. Lance Carroll, Respondents

Summary

The Texas Supreme Court considered a bill of review filed by the defendant after a judgment was entered without proper notice. The Court held that the trial court should have granted a mistrial in the bill of review proceeding and remanded the case for a new trial, while affirming the appellate court’s decision as modified. The Court also clarified that a party seeking a bill of review must prove that its failure to appeal was not caused by its own negligence and that the clerk’s failure to send notice under Rule 306d can constitute the requisite accident or mistake.