Zaragoza v. De La Paz Morales

ON REHEARING

Clara De La Paz Morales and Robert G. Morales ask us to consider the Deputy Sheriff’s affidavit dated April 3, 1981, “as an amendment to the Sheriff’s return” which is dated November 2, 1979. Under Tex.R.Civ.P. 118 the trial court could have permitted an amendment of the proof of service while it had jurisdiction; however, the return cannot be amended after writ of error is perfected in the Court of Civil Appeals. See Diamond Chemical Company, Inc. v. Sonoco Products Company, 437 S.W.2d 307 (Tex.Civ.App. - Corpus Christi 1968, no writ); Hance v. Cogswell, 307 S.W.2d 277…