Leithold v. Plass

TUNKS, Chief Justice.

This is an adoption proceeding'. In 1962 Louis C. Leithold and Thyra Nichols Leit-hold were divorced in Arizona. Custody of their two year old, adopted son was awarded to Mrs. Leithold, and Leithold was ordered to pay $100 per month child support. Later in 1962 Mrs. Leithold married Gilbert N. Plass, and the child in question remained in her custody. In 1970 Mr. Plass, joined by Mrs. Plass, obtained a judgment of adoption of the child by default. That adoption was reversed because of defective service on Leithold. See Leithold v. Plass, 488 S.W.2d 159 (Tex.Civ. App. —…