Rivers v. Viskozki

OPINION

Austin McCLOUD, Senior Justice (Retired).

This is an appeal by writ of error from a default judgment. The issue is the validity of substituted service under TEX.R.CIV.P. 106(b). 1 Plaintiff, Marilyn A. Viskozki, sued defendant, Alfonso Rivers, alleging that defendant negligently caused an automobile collision resulting in injuries and damages to plaintiff. Defendant was served by substituted service. Defendant failed to timely file an answer; and the trial court, on February 20, 1997, entered a default judgment in favor of plaintiff against defendant. Defendant appeals. We reverse and…