Milestone Operating, Inc. v. ExxonMobil Corp.Annotate this Case
This appeal arose from a suit by ExxonMobil Corporation against DSTJ, LLP and Milestone Operating, Inc. (collectively Milestone). After Milestone failed to answer, ExxonMobil obtained a default judgment. Milestone appealed, arguing that service on Donald Harlan - DSTJ's partner and Milestone Operating, Inc.'s director and registered agent - was defective, and that Milestone established the necessary elements set forth in Craddock v. Sunshine Bus Lines, Inc. to set aside the default judgment. The trial court denied the motion for new trial. The court of appeals affirmed, holding that Milestone failed to meet its burden to satisfy Craddock's first element. The Supreme Court reversed and remanded, holding that because the evidence in this case established that Defendants' failure to answer was no intentional or the result of conscious indifference, Defendants' motion for new trial could not be denied on the ground that Defendants failed to satisfy the first Craddock element. Remanded.