Ivy v. Carrell

In Ivy v. Carrell, 401 S.W.2d 336, 338 (Tex. Civ. App.-Beaumont) the new trial movant did not learn that the case had been set for trial until after the trial court rendered judgment. (noting that mailed notice of trial setting did not reach defaulting party's attorney), aff'd, 407 S.W.2d 212. In both cases, the defaulting party learned of the scheduled event after judgment when the only potential relief available was a motion for new trial or to otherwise set aside the judgment. In Ivy v. Carrell, 407 S.W.2d 212, 213 (Tex. 1966), the Court cited equitable principles and extended Craddock v. Sunshine Bus Lines (1939), to cases in which a party has answered but fails to appear for trial. The present situation, though, differs significantly from the circumstances presented in those cases.