Gentry v. Gentry

PHILLIPS, Chief Justice.

This is an application for writ of error from a default judgment taken in a divorce case. Petitioner maintains in his first point that the trial court erred in entering a default judgment because the citation with the officer’s return thereon had not been on file with the clerk of the court for the ten-day period required by Tex.R.Civ.P. 107 and 239.

We sustain the point and reverse the judgment and remand the cause for trial.

Respondent filed suit for divorce on February 11, 1976. Petitioner was served with citation by the sheriff on February 28, 1976, at Texas…