Craddock has three elements

A motion for new trial about a default judgment based on the three Craddock factors often spends most of its time on the first (mistake or accident) and second (meritorious defense) factors. But Craddock has three factors, and the third factor is both straightforward to satisfy and problematic if overlooked:

“To meet the third element of Craddock, all Thompson had to do was allege in her motion for new trial that granting a new trial would not injure appellee. She could have met this requirement by offering in the motion for new trial to pay appellee’s attorney’s fees and expenses for obtaining the judgment. Had she done so, the burden of showing harm would have shifted to appellee to show injury. In this case, neither the motion to reinstate nor the motion for new trial asserted that granting a new trial would not injure appellee. Nor did the motions offer to pay appellee’s attorney’s fees and expenses for obtaining the judgment.”

Thompson v. Dallas City Attorney’s Office, No. 05-17-00847-CV (Oct. 18, 2018) (mem. op.)