law-substituted-service-of-process | citation | alternative methods of service citation and suit papers |
service of citation and original petition by certified or registered mail |

SUBSTITUTED SERVICE OF CITATION - ALTERNATE METHODS TO EFFECT
SERVICE

Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village (Tex.App.- Houston [1st
Dist.] May 31, 2007)(Jennings)(substituted service on the Secretary of State was defective and the default judgment
in this case cannot stand)
[default judgment, defective service, real estate law, deed, constable sale, set aside]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Jennings
Before Justices Nuchia, Jennings and Higley
01-06-00068-CV Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village-
Appeal from 61st District Court of Harris County (Hon. John Donovan)
Appellant, Marrot Communications, Inc. ("Marrot"), challenges the trial court's no-answer default judgment rendered
in favor of appellee, Town & Country Partnership doing business as Town & Country Village ("Town & Country"), in
Town & Country's suit against Marrot for breach of contract, fraud, conversion, and quantum meruit/unjust
enrichment. In three issues, Marrot contends that the trial court erred in denying Marrot's motion for new trial
"based on defective service" and, alternatively, "under the Craddock test," (1) and in awarding Town & Country
"tort/punitive damages." . . .
Accordingly, we hold that Town & Country's substituted service on the Secretary of State was defective and the
default judgment in this case cannot stand. See Wilson, 800 S.W.2d at 837; Ingram Indus., Inc., 121 S.W.3d at 34.
We further hold that the trial court erred in granting the default judgment, not setting it aside, and in denying
Marrot's motion for new trial. Having so held, we need not consider Marrot's second and third issues.
We sustain Marrot's first issue.
We reverse and remand.


Bank Repossessed Car Co. v. Who's Calling, Inc. (Tex.App.- Houston [14th Dist.] Sep. 4,
2007)(Anderson)(restricted appeal, default, service of process on Secretary of State)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Fowler and Seymore
14-05-01251-CV Bank Repossessed Car Co. d/b/a Thirty Car Sales v. Who's Calling, Inc.
Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block)


HOUSTON CASES AND CASELAW | TEXAS APPELLATE CASELAW