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TANKARD-SMITH, INC. GEN. CONTRAC. v. THURSBY

No. B14-83-239CV.

663 S.W.2d 473 (1983)

TANKARD-SMITH, INC. GENERAL CONTRACTORS, Appellant, v. John THURSBY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied December 15, 1983.

Attorney(s) appearing for the Case

Michael A. Pohl, Gilpin, Maynard, Parsons, Pohl & Bennett, Houston, for appellant.

K. Michael Mayes, Hope & Mayes, Conroe, for appellee.

Before PRESSLER, ROBERTSON and CANNON, JJ.

OPINION

ROBERTSON, Justice.

This is a writ of error proceeding in which appellant attacks the default judgment as void on three grounds: (1) no service of citation, (2) the form of notice used was constitutionally infirm and (3) it was "based upon a void ex parte severance order." In other points appellant asserts evidentiary error which voids the judgment. We affirm.

A somewhat detailed statement of the record before us is necessary. Appellee's...

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