Allen v. Allen

OPINION ON MOTION FOR REHEARING

By motion for rehearing, the Appellee has, among other things, challenged the original disposition made by this Court, which reversed the judgment of the trial court and rendered judgment that the Ap-pellee take nothing by the proceeding below, that being Cause No. 73-5540 on the docket of the trial court. The Appellee points out that when this Court sustained the Appellant’s first point regarding the lack of service of process that the trial court was then without jurisdiction to proceed and the balance of Appellant’s points become immaterial. The Appellee is correct in his argument. We withdraw our previous ruling on the points other than Point of Error No. One, as they are not reached.

The Appellant, having now appeared to attack the judgment, is presumed to have entered her appearance at the term of court at which the mandate shall be filed. Rule 123, Tex.R.Civ.Pro. The judgment of the trial court is reversed and the cause is remanded for a new trial.