Zaragoza v. De La Paz Morales

DICKENSON, Justice.

The controlling issue is whether the sheriff’s return shows proper service of citation. Defendant, Andrew J. Zaragoza, appeals by writ of error from a default judgment which awarded $25,000 to Plaintiff, Clara De La Paz Morales and husband, Robert G. Morales. Since the sheriff’s return shows citation on Andrew L. Zaragoza, the default judgment against Andrew J. Zaragoza must be reversed.

In order to uphold a default judgment which is directly attacked by writ of error, the record must affirmatively show a strict compliance with the procedural rules relating to the issuance,…