Huffeldt v. Competition Drywall, Inc.

OPINION

MURPHY, Justice.

Per Huffeldt d/b/a Jackson and Company appeals from a default judgment following the trial court’s failure to rule on his *273motion for new trial. By his first point of error, Huffeldt argues that he produced sufficient evidence to rebut the presumption of proper service of citation in his motion for new trial. We agree and accordingly, reverse and remand.

We review the facts only as they are pertinent to the disposition of this case. Bob Pruitt d/b/a Pruitt Construction Company, the general contractor, subcontracted with Competition DryWall, Inc., the appel-lee, for a job…