Thomas O. Cook v. Sylvia J. Cook

• Court: Court of Appeals of Texas
• Decided: October 28, 2004
• Docket: 14-04-00508-CV
• Status: Published

Opinion

Reversed and Remanded and Memorandum Opinion filed October 28, 2004

Reversed and Remanded and Memorandum Opinion filed October 28, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00508-CV

THOMAS O. COOK, Appellant

V.

SYLVIA J. COOK, Appellee

On Appeal from the 308th District Court

Harris County, Texas

Trial Court Cause No. 001,115,629

M E M O R A N D U M   O P I N I O N

This is a restricted appeal from a default judgment and qualified domestic relations order signed February 4, 2004, and corrected by nunc pro tunc order signed February 10, 2004.  On September 30, 2004, appellant filed his brief challenging, among other issues, the service of process upon him.  On October 13, 2004, appellee responded and acknowledged that service and return of process upon appellant was not in strict compliance with the rules and therefore would not support a default judgment.  Accordingly, appellee joined in appellant=s request that the judgment and order of the trial court be reversed and the cause remanded to the trial court for further proceedings. 

We grant the parties= request.  The trial court=s judgment and qualified domestic relations order signed February 4, 2004, and corrected by nunc pro tunc order signed February 10, 2004, are ordered reversed and the cause is remanded for further proceedings.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 28, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.