Jefferies v. Davis

OPINION

SEERDEN, Justice.

Appellant contests a default judgment by writ of error and by appeal, having filed responsive pleadings before its entry. We reverse the judgment and remand the cause.

Point one contends that appellant has met the requirements for a writ of error. To sue out a writ of error, a party to the lawsuit, who did not participate in the trial, must file a petition within six months of the judgment, and error must be apparent from the face of the record. Stubbs v. Stubbs, 685 S.W.2d 643, 644 (Tex.1985); Tex.R.App.P. 45. The parties disagree on whether error was apparent from the…