Travieso v. Travieso

I respectfully dissent. While I agree that the citation in this case may be defective, and that the waiver of service of citation may not comply with Tex.R.Civ.P. 119, I believe the appellant in this case voluntarily submitted to the jurisdiction of the trial court. The majority does not take cognizance of the fact that the written, signed and notarized waiver of citation, also contained the recital that appellant “voluntarily enters his appearance herein and consents that said cause may be tried forthwith.” Such a writing, filed in the trial court, in my opinion, constituted an appearance.

The…