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In the Interest of A.M.

Rogelio Marquez filed a petition for bill of review by which he sought to set aside and vacate a default judgment entered against him in a suit affecting the parent-child relationship. Marquez claims he was not served with the modification pleadings, but the Texas Rules of Civil Procedure clearly provide that in this procedural posture, service was unnecessary. Marquez testified that his attorney filed pleadings on his behalf and appeared in court with regard to a motion to quash.The trial court did not abuse its discretion in denying the bill of review. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-09-00223-CV, 06-22-2011.

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OPINION

On March 19, 2008, Rogelio Marquez filed a petition for bill of review by which he sought to set aside and vacate a default judgment entered against him in a suit affecting the parent-child relationship. According to his petition, Marquez was entitled to relief because “Defendant wrongfully obtained the Default Judgment in violation of Plaintiff’s due process by failing to properly serve Plaintiff, failing to provide notice to Plaintiff.” After a hearing, the trial court denied relief. Marquez has filed this appeal asking us to: (1) reverse the order denying his bill of review; and (2) find the default judgment entered in February 2007 null and void because Marquez never received proper service. *fn1 For the reasons that follow, we affirm.

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