Rule 123.Reversal of Judgment
Last verified June 28, 2026
Full Text of Rule 123
Plain-English Summary
Rule 123 smooths the path after a service-based reversal. When an appellate court reverses a judgment because the defendant was not served, or was served defectively, the case does not start over with a fresh citation. Instead, the defendant is presumed to have entered an appearance at the term of court when the appellate mandate is filed, so the suit can proceed.
Frequently Asked Questions
Do you have to re-serve a defendant after a reversal for defective service in Texas?
No. Under Rule 123, no new citation issues; the defendant is presumed to have appeared at the term when the appellate mandate is filed.
Does Rule 123 cover reversals by writ of error, not just a direct appeal?
Yes. Rule 123 treats a reversal on appeal or writ of error the same way — no new citation issues either way, and the defendant is presumed to have appeared at the term when the mandate is filed.
What does the presumed appearance under Rule 123 let the case do?
It lets the suit move forward at the term when the mandate is filed without repeating service. The defendant is treated as if already before the court, so the case can proceed toward judgment again.