Paul Cox v. Glenn Johnson

Per Curiam This is a suit brought by Paul Cox to recover on a promissory note executed by Glenn Johnson. The trial court rendered a default judgment for Cox and overruled Johnson's motion for new trial. The court of appeals reversed the judgment of the trial court and remanded the cause for a new trial, holding that the trial court had committed fundamental error in allowing recovery on the note without the joinder of a joint payee. 630 S.W.2d 492. We refuse the application for writ of error of Paul Cox, no reversible error; however, we disapprove the holding of the court of appeals that the failure to join an additional party constituted fundamental error. The court of appeals held the trial court erred in rendering judgment for Cox without joinder of Dan M. Bates, the joint payee on the note. This error was raised for the first time on appeal. The court of appeals relied upon our decision in Petroleum Anchor Equip. v. Tyra, 406 S.W.2d 891 (Tex. 1966) and its own decision in Hinojosa v. Love, 496 S.W.2d 224 (Tex.App. -- Corpus Christi 1973, no writ), in holding that failure to join Bates was fundamental error.