Devine v. Duree

OPINION

HUGHES, Justice.

William Devine has appealed, by writ of error, the default judgment rendered against him in a law suit instituted by Steve Duree who sought damages arising from his alleged reliance upon certain representations made to him by Devine. (American Metroplex Life Insurance Company, which has not appealed, was also sued for having been unjustly enriched in the transaction.) Substituted service of process pursuant to Tex.R.Civ.P. 106 (1978) was had upon Devine. Neither defendant filed an answer in the trial court nor participated in any way in the trial below.

We reverse and…