Mathis v. Wachovia Bank & Trust Co.

On Motion for Rehearing

We have decided that the original judgment in this case should be explained in answer to the points of error presented by appellants in their motion for rehearing.

After reviewing the entire record before us, we are not satisfied that the case was fully developed at the trial level. While the North Carolina judgment, when tested by Texas law, was not valid because of the method of service on Kathleen Schmidt Mathis, such judgment met every requirement for valid service of process on Patrick E. Mathis and was so determined by the jury. It was error for the trial court to…