Defendants’ Showing Sufficient re: Craddock Factors

S&M Drilling LLC v. Davis Water Well LLC, a default-judgment case about the three Craddock factors, holds that a trial court cannot find conscious indifference based only on competing affidavits without an evidentiary hearing.

On that issue, the defendants swore that they did not recall being served, could not find the papers, and failed to answer only because the papers were lost. Plaintiff’s counsel swore that the defendants knew of the suit and cited conversations with them about it. The Fifth Court reminded that the movant’s facts “must be accepted as true unless the opponent requests and obtains an evidentiary hearing,” and the facts established by the defendants were sufficient if taken as true.

Similarly, the Court held that the defendants set up a meritorious defense, again citing the facts established by the defendants’ affidavits. No. 05-25-00765-CV (Tex. App.—Dallas Sept. 17, 2026).