The Estate of Sheldon L. Pollack, Deceased, Petitioner v. Loraine McMurrey, Respondent

Summary

The Texas Supreme Court held that the trial court abused its discretion in refusing to set aside a default judgment against the estate because the estate had not resolved factual disputes concerning its failure to answer, and that the estate satisfied the meritorious‑defense and no‑prejudice elements of the Craddock test. Accordingly, the Court reversed the appellate court’s affirmation and remanded for an evidentiary hearing on the intent issue. Justice Doggett dissented, arguing that proper service under the long‑arm statute precludes setting aside the judgment.