Carey Crutcher, Inc. v. Mid-Coast Diesel Servs., Inc

In Carey Crutcher, Inc. v. Mid-Coast Diesel Servs., Inc., 725 S.W.2d 500, 502 (Tex. App.-Corpus Christi 1987, no writ), an attorney testified that he failed to file an answer on his client's behalf because he mistakenly believed that the action was covered by an automatic bankruptcy stay. 725 S.W.2d at 502. On cross examination, the attorney admitted that the corporation he represented was not the party in bankruptcy and that he had not filed a suggestion of bankruptcy on behalf of his client. The court held that "this is not the type of mistake that negates conscious indifference" and that "the testimony supports the conclusion that the attorney made a conscious decision not to answer." Id.