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Ny mac enterprises trial#
See Reed Elsevier, Inc., 180 S.W.3d at 905.īecause Ny-Mac was not served in strict compliance with the rules for service of process, we vacate the default judgment and remand the case to the trial court for further proceedings.K-Mac Enterprises Inc - Company Profile and. With no record indication of Casey's capacity to receive service, and thus no indication of strict compliance with Rule 107, default judgment was improper. App.-Corpus Christi July 15, 2010, no pet.) (mem.
Sunbelt Air Conditioning & Refrigeration Serv., Inc., No. App.-Fort Worth 2003, no pet.)) see Landmark Org., L.P. Accordingly, "he record, on its face, shows that the return was not signed by the addressee or agent." Id. Where, as here, both the "Agent" and Addressee" boxes were left unchecked on the green card, the record does not indicate Casey's connection, if any, with InCorp Services, Inc. The green card, although reflecting delivery to the address for InCorp Services, Inc., was signed by Jason Casey with no indication of Casey's capacity to accept the service. 107(c) (return must contain addressee's signature). Here, the return of service does not reflect compliance with the rules of service of process. op.) (citing Reed Elsevier, Inc., 180 S.W.3d at 905 (holding service was improper when return did not indicate capacity or authority of person actually served)).
To support a default judgment, the record must show that an individual that was served for a corporation was in fact authorized or held an office that carried such authority, such as "president, vice president, or registered agent." W. at 678-79 (quoting Harmon Truck Lines, Inc., 836 S.W.2d at 263).Įven a corporation serving as a registered agent for another corporation can be served only by service on the agency corporation's authorized agents. When the record does not reflect strict compliance with rules of service, it will not support a default judgment. In "a direct attack upon a default judgment, the ordinary presumptions in support of valid service that are raised in a judgment addressed to the merits do not apply." T.J.T., 486 S.W.3d at 678 (quoting Harmon Truck Lines, Inc. Without proper service, even actual notice to a defendant will not support default judgment. Therefore, deviation from those rules requires a resulting default judgment to be set aside. Failure to comply with rules for service of citation makes such attempted service void. We agree.įor a default judgment to survive a direct attack, service of citation must have been obtained in strict compliance with the rules for such service. 1 On appeal, Ny-Mac argues that the default judgment cannot stand because citation was not properly served. The trial court denied Ny-Mac's motion for new trial.
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Ny-Mac failed to answer, and on October 31, 2017, the trial court entered default judgment against Ny-Mac for $45,295.00 in actual damages, plus $1,333.00 in pre-judgment interest, $306.00 in court costs, and $2,000.00 in attorney fees.Īfter receiving notice of the default judgment, Ny-Mac timely filed a motion for new trial and asked the trial court to set aside its default judgment. USPS's return receipt (green card) was returned July 3, 2017. United States Postal Service (USPS) tracking showed that the citation and petition were delivered June 29, 2017, to "Front Desk/Reception" of InCorp Services, Inc. On the same day, Orr requested that the district clerk accomplish service of citation and the petition on InCorp Services, Inc., Ny-Mac's registered agent for service of process in Texas. Jorene Orr sued Ny-Mac on June 27, 2017, for breach of contract and alleged violations of the Texas Deceptive Trade Practices Act. Because the record demonstrates that Ny-Mac was not served in strict compliance with the rules of service of process, we vacate the trial court's default judgment and remand this case for further proceedings. Ny-Mac Enterprises, Inc., appeals the trial court's denial of a motion for new trial following the entry of a no-answer default judgment. Memorandum Opinion by Chief Justice JOSH R.
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