Tabakman v. Tabakman
__ S.W.3d __, No. 24-0919, 2025 WL 3492090 (Tex. 2025) (per curiam) (12-05-2025)
Facts: Wife left due to mistreatment by Husband. Husband filed for divorce and wife assumed she would be served in person. After unsuccessful service attempts, the trial court ordered alternative service by attaching the petition to the door of wife’s parents’ home. Wife failed to answer and Husband obtained a default judgment. Wife appealed.
Holding: Appellate Judgment Reversed; Remanded to Trial Court.
Opinion: A failure to answer is not intentional merely because it is deliberate, and conscious indifference is more than mere negligence. Wife thought the papers would be served on her in person and was unaware of anyone attempting to contact her. Her mistake of law in not knowing of alternative service methods could satisfy the first Craddock element. While Wife had general knowledge of an ongoing suit, she never received a citation warning her that a failure to answer could result in a default judgment.
Facts: Wife left due to mistreatment by Husband. Husband filed for divorce and wife assumed she would be served in person. After unsuccessful service attempts, the trial court ordered alternative service by attaching the petition to the door of wife’s parents’ home. Wife failed to answer and Husband obtained a default judgment. Wife appealed.
Holding: Appellate Judgment Reversed; Remanded to Trial Court.
Opinion: A failure to answer is not intentional merely because it is deliberate, and conscious indifference is more than mere negligence. Wife thought the papers would be served on her in person and was unaware of anyone attempting to contact her. Her mistake of law in not knowing of alternative service methods could satisfy the first Craddock element. While Wife had general knowledge of an ongoing suit, she never received a citation warning her that a failure to answer could result in a default judgment.

