De La Fuente v. Castillo

OPINION

ESQUIVEL, Justice.

This is an appeal by writ of error from a default judgment.

Appellant brought suit alleging that a promissory note he executed as the promis-sor was usurious. Appellee’s petition named “Roberto De La Fuente” as the defendant. The promissory note, attached to the petition and incorporated by reference, concerns appellee and appellant, Norberto De La Fuente. Citation was issued to “Roberto De La Fuente.” The return shows delivery to “Roberto De La Fuente.” The trial court entered a default judgment against “Roberto De La Fuente.” The parties on appeal are in agreement…