Fuhrer v. Rinyu

OPINION ON MOTION FOR REHEARING

On motion for rehearing, appellee contends that this Court erred in holding that where a foreign default judgment appears to be a valid, final, and subsisting judgment of a court of general jurisdiction, a presumption of validity and regularity exists which can only be overthrown by clear and convincing evidence of want of jurisdiction. Appellee cites four eases which seem to adopt the view that there are no presumptions in favor of a foreign default judgment. See Bayne v. Heid, 638 S.W.2d 40 (Tex.App.—Houston [1st Dist.] 1982, no writ); Mathis v. Wachovia Bank…