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NORTH CAROLINA MUT. LIFE INS. v. WHITWORTH

No. 03-02-00744-CV.

124 S.W.3d 714 (2003)

NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY, Appellant, v. Erin WHITWORTH, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 8, 2004.

Attorney(s) appearing for the Case

Kevin W. Cole, Jennifer A. Powell, Cole & Powell, P.C., Austin, for appellant.

Jerry Galow, Cory Smith, Galow, Smith & Morrison, PC, Austin, for appellee.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.

OPINION

W. KENNETH LAW, Chief Justice.

In this restricted appeal, North Carolina Mutual Life Insurance Company appeals a $1.725 million no-answer default judgment rendered against it and in favor of Erin Whitworth. Appellant contends that Whitworth failed to show proper service because of discrepancies between the name and address listed in the petition and citation and the name and address listed in the return of service. We will reverse the judgment...

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