In re Marriage of Sandoval (Per Curiam)
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In this appeal of a no-answer default judgment in a divorce case the Supreme Court reversed the judgment of the court of appeals affirming the trial court's judgment, holding that the trial court erred in denying Husband's motion for new trial because the content of Husband's affidavit was sufficient to satisfy the standard set forth under Craddock v. Sunshine Bus Lines, Inc., 133 S.W.2d 124 (Tex. 1939).
After Husband defaulted, he filed a motion for new trial, arguing that equitable grounds existed under the Craddock standard and that legal grounds existed regarding improper service or notice of suit. The trial court sustained a hearsay objection to Husband's affidavit and other documents filed with his motion and then denied the new trial. The appellant court affirmed, concluding that formal defects rendered the affidavit inadmissible as sworn testimony, and therefore, Husband possessed insufficient proof of the required elements of Craddock. The Supreme Court reversed, holding (1) Husband's affidavit was sufficient to satisfy the Craddock standard for obtaining a new trial; (2) the affidavit was not based on hearsay; and (3) because no formal defects were raised in the trial court, the appellate court erred in affirming based on a formal defect that was not preserved for review.
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