law-error-on-the-face-of-the-record | restricted appeal |
ERROR ON THE FACE OF THE RECORD (FOR PURPOSES OF RESTRICTED APPEAL)
Strict compliance with the rules governing service of citation is mandatory if a default judgment is to
withstand an attack on appeal. Primate Constr., 884 S.W.2d at 152. Failure to comply with these
rules constitutes error on the face of the record. Id. at 153 (“Proper service not being affirmatively
shown, there is error on the face of the record, and the court of appeals erred in holding otherwise.”).
Here, although Lejeune served Insurance Co. by certified mail, the record shows that the return of
citation lacks the required notation showing the hour of receipt of citation. Lejeune’s default judgment,
therefore, cannot stand. Accordingly, without hearing oral argument, Tex. R. App. P. 59.1, we reverse
the court of appeals’ judgment and remand the case to the trial court for further proceedings
consistent with this opinion.
Insurance Company of the State of Pennsylvania v. Lejeune, No. 08-0829 (Tex. Oct. 30, 2009)(per curiam)
(restricted appeal of default judgment, error on the face of the record, time of service not noted on return of
citation)
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EDWARD LEJEUNE; from Red River County;
6th district (06-07-00142-CV, 261 SW3d 852, 08-20-08)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.
Per Curiam Opinion [pdf]
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Ginn v. Forrester, No. 08-0163 (Tex. Mar. 27, 2009)(per curiam)(absence of evidence of notice insufficient to
satisfy requirement of error on face of the record for purpose of restricted appeal)
EMMANUEL GINN, A&R TRANSPORT, INC., KEITH JACKSON, STEVE BRANTLEY v. JEFF
FORRESTER AND KIM FORRESTER; from Harris County; 14th district (14-06-00549-CV, ___ SW3d ___,
01-10-08)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals’ judgment and renders judgment.
Per Curiam Opinion