Paul Lemons v. Emw Manufacturing Company

This is an appeal from a bill of review brought to set aside a default judgment rendered against EMW Manufacturing Company.
Following a bench trial, the court dismissed the bill of review. The court of appeals reversed that judgment. 741 S.W.2d 212.
We reverse the judgment of the court of appeals and affirm the judgment of the trial court. The court of appeals found that prior to the bench trial, EMW's attorney had been under the impression that he was appearing
for a preliminary hearing on the issue of meritorious defense, and not a trial of the entire suit. The court of appeals held
that the proceedings did constitute a preliminary hearing, found that EMW had established a meritorious defense at the hearing,
and remanded the cause for a trial as to the remaining two bill of review requirements. See Baker v. Goldsmith, 582 S.W.2d
404, 408 (Tex. 1979).