ARMSTRONG v. MINSHEW

No. 05-88-00621-CV.

768 S.W.2d 883 (1989)

Larry W. ARMSTRONG, Appellant, v. Mark A. MINSHEW, Appellee.

Court of Appeals of Texas, Dallas.

March 30, 1989.


Attorney(s) appearing for the Case

Lanny E. Perkins, Dallas, for appellant.

Robert J. Matlock, Dallas, for appellee.

Before ENOCH, C.J., and BAKER and WHITTINGTON, JJ.


BAKER, Justice.

The issue presented is whether service of citation was proper in the face of a writ of error attack on a default judgment. We hold service was not proper and reverse the trial court's judgment and remand the cause for trial.

The four elements necessary for review by writ of error are: (1) the petition must be brought within six months of the date of judgment; (2) by a party to the suit; (3) who did not participate in the trial; and (4) error...

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