Smith v. Lippmann

This case involves an appeal from a default judgment granted in a trespass to try title lawsuit. We hold that the petitioner sufficiently answered the respondent’s service of citation and therefore deserved notice of any subsequent proceedings, including the default judgment hearing. Thus, we reverse the judgment of the court of appeals and remand this cause for a trial on the merits.

On March 31, 1989, Rae Lippmann sued Gilbert Smith in a trespass to try title action regarding 28 acres in Liberty County. Mr. Smith received service of citation on April 20,1989. On April 26, he mailed a letter…