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HUFFELDT v. COMPETITION DRYWALL, INC.

No. A14-87-472-CV.

750 S.W.2d 272 (1988)

Per HUFFELDT d/b/a Jackson and Company, Appellant, v. COMPETITION DRYWALL, INC., Appellee.

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

March 31, 1988.

Attorney(s) appearing for the Case

Alene R. Levy, Michael P. Mallia, Houston, for appellant.

Mark A. Flaum, Scott P. Zoppoth, Bernard Wm. Fischman, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and MURPHY and ROBERTSON, JJ.

OPINION

MURPHY, Justice.

Per Huffeldt d/b/a Jackson and Company appeals from a default judgment following the trial court's failure to rule on his motion for new trial. By his first point of error, Huffeldt argues that he produced sufficient evidence to rebut the presumption of proper service of citation in his motion for new trial. We agree and accordingly, reverse and remand.

We review the facts only as...

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