JESSE WILSON, Petitioner v. MICHAEL DONNELL DUNN, Respondent, 800 S.W.2d 833

Summary

The appeals court reversed a district court's entry of default against respondent and petitioner appealed. The court affirmed and remanded to the trial court, holding that a default judgment could not have been taken. The court held that petitioner did not strictly comply with the substitute service requirements of Tex. R. Civ. P. 106(b) because petitioner did not verify his motion for substitute service or support the motion by affidavit or other evidence. Therefore, even though respondent had notice of the suit against him, the default judgment had to be set aside. Moreover, respondent did not waive the error by failing to raise it in his motion for a new trial.