Texas Supreme Court

Mary Mathis, Petitioner v. Joseph F. Lockwood, Respondent

June 17, 200548 Tex. Sup. Ct. J. 895

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that the trial court abused its discretion by refusing to set aside a post‑answer default judgment because the plaintiff proved she never received notice of the trial setting; without a certificate or affidavit of service under Rule 21a, no presumption of notice exists. The case was remanded for further proceedings consistent with this opinion.