331 S.W.3d 791
Tex. App.2010Background
- Business Staffing, Inc. appeals a default judgment in favor of Ricardo Gonzalez.
- Gonzalez served Business Staffing by certified mail; the clerk did not note the day and hour of receipt on the return.
- Rule 16 and Rule 105 require endorsement of day and hour of receipt on process and citation returns.
- The district clerk's affidavit confirms issuance and receipt but does not address the missing hour/day notation.
- The appellate court held the default judgment cannot stand due to defective service, citing Lejeune and related cases, and reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the default judgment lacks in personam jurisdiction due to defective service | Staffing argues service did not comply with Rules 16 and 105. | Gonzalez contends service was proper and jurisdiction valid. | Staffing wins; lack of proper service voids the default judgment. |
| Whether the Craddock-based motion for new trial was properly denied | Staffing contends Craddock criteria were met. | Gonzalez argues Craddock not reached or met due to defective service. | Moot because first issue governs; remand for further proceedings. |
Key Cases Cited
- Ins. Co. of State of Pa. v. Lejeune, 297 S.W.3d 254 (Tex. 2009) (strict compliance with service rules required for default judgments)
- Marrot Commc'ns, Inc. v. Town & Country P'ship, 227 S.W.3d 372 (Tex.App.-Houston [1st Dist.] 2007) (evidentiary process to develop Craddock elements in trial court)
- In re Z.J.W., 185 S.W.3d 905 (Tex.App.-Tyler 2006) (default-judgment validity dependent on proper service)
- Craddock v. Sunshine Bus Lines, 133 S.W.2d 124 (Tex. 1939) (Craddock test for new trials following default judgment)
- Lejeune, 297 S.W.3d 254 (Tex. 2009) (strict endorsement of day/hour of receipt on process and citation)