Primate Construction, Inc. v. Silver

On appeal by writ of error from default judgment, we consider whether Defendant Primate Construction Co., Inc. has shown error on the face of the record because the sheriffs pre-printed return of service states that Primate Construction was served with a version of the plaintiffs petition in which it was not named as a defendant. Pursuant to Rule 170 of the Texas Rules of Appellate Procedure, a majority of the court grants Petitioner’s application for writ of error and, without hearing oral argument, reverses the judgment of the court of appeals and remands the cause to the trial court.

Jim…