WINSHIP v. GARGIULO

No. C-7893.

761 S.W.2d 301 (1988)

Paul Andrew WINSHIP, Petitioner, v. Jill S. GARGIULO, Respondent.

Supreme Court of Texas.

Rehearing Denied January 4, 1989.


Attorney(s) appearing for the Case

David M. Ward, Wilson, Grosenheider & Burns, Austin, for petitioner.

Russell H. McMains and Kimberley Hall Seger, McMains & Constant, Corpus Christi, for respondent.


PER CURIAM.

Pursuant to the Soldiers' and Sailors' Civil Relief Act, Paul Winship is seeking to set aside a default judgment taken in a personal injury case. See 50 U.S.C.App. § 520 (1982). The trial court ruled that it was without jurisdiction to consider the motion, and that if it did have jurisdiction, Winship had failed to show that his military service prejudiced his ability to make a defense to the claim asserted against him. The court of appeals...

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