STEINKE v. MANN

No. 10-08-00079-CV.

276 S.W.3d 608 (2008)

Donald STEINKE, Appellant, v. James MANN, Appellee.

Court of Appeals of Texas, Waco.

December 10, 2008.


Attorney(s) appearing for the Case

John Malone, Waco, for Appellant.

Stephen R. Fontaine, Stephen R. Fontaine PC, Waco, for Appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


OPINION

FELIPE REYNA, Justice.

James Mann sued Donald Steinke for breach of contract. The trial court granted Mann's motion for substitute service under Rule of Civil Procedure 106. When Steinke failed to appear and answer, the trial court granted a default judgment. In this restricted appeal, Steinke contends that default judgment was improper because errors are apparent on the face of the record. We reverse and remand.

RESTRICTED APPEAL

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