OPINION
This is аn appeal by writ of error from a default judgment. Defendant RWL Construction, Inc. (RWL) appeals a judgement awarding plaintiffs Deborah and Roger Erickson $44,104.82, including prejudgment interest.
Factual and procedural background
The Ericksons filed this lawsuit in August 1992. They alleged that RWL, while digging holes in their baсkyard, negligently broke a waterline, did not notify them of the broken waterline, and left the premises. The Erick-sons allegеd that as a result this negligence, their home was flooded, and their home and personal belongings were damagеd. They asserted the reasonable and necessary cost of restoring their home to its pre-flood conditiоn was approximately $27,107.08, and the cost of replacing their personal property was approximately $15,000. 1
The Erickson’s original petition alleged: Defendant, RWL Construction, Inc., is a corporation, duly formed and existing undеr the laws of the State of Texas, and may be served with citation by service of citation upon its registered agеnt, Charles S.Brack, 1314 Market Street, Baytown, Texas.
The original petition citation contains the following:
TO ANY SHERIFF OR CONSTABLE OR AUTHORIZED PERSON OF THE STATE OF TEXAS
TO: RWL CONSTRUCTION, INC., A CORPORATION
BY SERVING ITS REGISTERED AGENT, CHARLES S. BRACK 1314 MARKET-STREET 9926 Pinehurst Dr.
BAYTOWN, TEXAS
As indicated, a line has been drawn through “1314 Market Street”; someone has printed the address “9926 Pinehurst Dr.” next to it. The officer’s return indicates the constable’s deputy apparently attеmpted service. However, the return does not indicate whom the deputy attempted to serve, or the datе, time, or place of attempted service. The constable’s return contains the following notation: “Unablе to serve def. Moved a year ago from Chambers Co. Unknown fording [sic] address.”
The Ericksons filed an amended petitiоn, in which they alleged:
*451 Defendant, RWL Construction, Inc., is a corporation, duly formed and existing under the laws of the State оf Texas, and may be served with citation by service of citation upon the Secretary of State, 1019 Brazos Streеt, Austin, Texas 78701.
Citation was served on the secretary of state. The secretary of state mailed a copy оf the citation to 1814 Market Street, Baytown, Texas; it was returned to his office bearing the notation “Attempted — not known.”
The trial court held a default judgment hearing on February 8,1998. The Ericksons presented a certificate from the secretary of state’s office reflecting that Charles Brack was the designated registered agent for RWL, and the designаted registered office for RWL was 1314 Market Street, Baytown, Texas.
In its first point of error, RWL asserts the evidence is legally and factually insufficient to support the amount of damages awarded. In its second point of error, RWL asserts sеrvice of process was defective.
Service of process
Service of process on corporations is governed by the Texas Business Corporation Act. 2 The statute permits service upon the secretary of state whenever thе corporation’s registered agent “cannot with reasonable diligence be found at the registered offiсe....” Tex.Bus.Corp.Act Ann. art. 2.11(B) (Vernon 1980).
RWL concedes it failed to properly designate a new registered agent аnd registered office, but notes it maintained a listing in the Houston telephone directory in 1992. RWL has attached to its brief copies of its listing in the 1992-93 and 1993-94 Southwestern Bell business white pages for greater Houston. The Ericksons have filed a motion to strike evidence not part of the record, in which they note the pages from the telephone directоry are not part of the record, in which they note the pages from the telephone directory are nоt part of the record. The motion is granted. This Court must hear and determine a case on the record as filed, аnd may not consider documents attached as exhibits to briefs. Tex.R.App.P. 50(a);
Mitchison v. Houston Indep. Sch. Dist.
When a default judgment is directly attacked by writ of error, the record must reflect strict compliance with thе rules relating to the issuance, service, and return of citation.
McKanna v. Edgar,
Here, there is nothing in the officer’s return to indicate the constable’s deputy used reasonable diligence in attempting to serve RWL’s registered agent at the registered address. We cannot determine from the face of the document whether the deputy attempted service at the еrossed-out Market Street address (the correct address for service), the handwritten Pinehurst address, both, or neither. We cannot determine whom the deputy attempted to serve, or *452 when he attempted service. Nothing in the reсord reflects reasonable diligence, and the record thus does not support substituted service on the secretary of state. We therefore sustain RWL’s second point of error. Because of our disposition of this point of error, we need not address RWL’s point of error regarding sufficiency of the evidence.
We reverse the judgment of the trial court and remand for a new trial.