Fidelity and Guaranty Insurance Company, Petitioner v. Drewery Construction Company, Inc., Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for further proceedings, holding that a minor citation omission does not merit setting aside a default judgment, that service of an amended petition without a more onerous claim does not require reversal, and that Fidelity's affidavits satisfy the Craddock elements to vacate the default. The Court emphasized that loss of service papers, even without a precise affidavit explaining the loss, can be sufficient to set aside a default judgment.