Prihoda v. Marek

OPINION

DORSEY, Justice.

Appellant contests a post-answer default judgment by writ of error. He maintains that error is shown on the face of the record in that the record does not affirmatively reflect that he had notice of the trial setting.

The four elements necessary for a review by writ of error are: (1) the petition must be brought within six months of the date of judgment (2) by a party to the suit (3) who did not participate in the trial, and (4) error must be apparent from the face of the record. Stubbs v. Stubbs, 685 S.W.2d 643, 644 (Tex.1985). The test has also been stated that a party…