Armstrong v. Minshew

BAKER, Justice.

The issue presented is whether service of citation was proper in the face of a writ of error attack on a default judgment. We hold service was not proper and reverse the trial court’s judgment and remand the cause for trial.

The four elements necessary for review by writ of error are: (1) the petition must be brought within six months of the date of judgment; (2) by a party to the suit; (3) who did not participate in the trial; and (4) error must be apparent from the face of the record. Stubbs v. Stubbs, 685 S.W.2d 643, 644 (Tex.1985). The record reflects that the first three…