Muldoon v. Musgrave

OPINION

The main question before the Court is the same as was before the Beaumont Court of Civil Appeals in the case of Smith v. Smith, 535 S.W.2d 380 (Tex.Civ.App., Beaumont, 1976, reversed December 1, 1976). The question was there stated as follows: “May a party who has appeared by filing responsive pleadings but who does not appear at the hearing upon the merits, obtain a reversal of the judgment merely by showing that he has been deprived of a statement of facts when the appeal is by way of a petition for writ of error?” The Beaumont Court in that case answered that question “No.”

We answer…