Cummins v. Paisan Construction Co.

OPINION

WARREN, Justice.

The appellant asks this court to reinstate a default judgment previously entered by the trial court, but subsequently set aside.

The appellant filed suit against the appel-lee on October 5, 1981, to recover actual and punitive damages for injuries he sustained while working for the appellee as an independent contractor. Service of citation was prepared by the Brazoria County District Clerk’s office and returned to the ap pellant’s attorney, who transmitted it to the office of a constable in Houston for service.

On October 28,1981, the papers prepared by the District…