in the Interest of E.A. and D.A., Children

I concur in the Court’s judgment setting aside the default judgment against Norma Avitia. But I dissent to the Court’s abrogation of one of the oldest procedural rules in Texas.

For 150 years, the rule has been that a default judgment cannot be based on an amended petition seeking more onerous relief unless the amendment was served with citation. As we said in Weaver v. Hartford Accident & Indemnity Co., “new citation is necessary for a party who has not appeared when the plaintiff, by amended petition, seeks a more onerous judgment than prayed for in the oi'iginal pleading.” 1 This Court, for…