Natkin Service Company v. Joe Winiarz

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-99-00122-CV

Natkin Service Company, Appellant

v.

Joe Winiarz, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. 96-04511, HONORABLE JOSEPH H. HART, JUDGE PRESIDING

DISSENTING OPINION

I respectfully dissent.

The law does not favor default judgments and, as the majority notes, the usual rule that all presumptions are made in support of a judgment does not apply when reviewing the sufficiency of service preceding a default judgment. See Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990) (quoting Uvalde Country Club v.…