Joiner v. Vasquez

ON MOTION FOR REHEARING

GUITTARD, Chief Justice.

In this motion for rehearing Joiner insists that the rule that a judgment valid on its face is not void and subject to collateral attack for lack of service does not apply to judgments against nonresidents because of due process requirements. He cites Hodges, “Collateral Attack on Judgments,” 41 Tex.L.Rev. 499, 505-518 (1963). Professor Hodges points out that due process may require an exception to this rule in the case of nonresidents, but he recognizes that a collateral attack may be barred by the res judicata effect of an intervening judgment.…