Opinion
No. 04-12-00522-CV
12-20-2013
Dionisio G. TORRES d/b/a Torres Design & Construction, Torres Design & Construction, Inc., and Torres Construction, Appellants v. Leticia HAYES, Appellee
From the 49th Judicial District Court, Webb County, Texas
Trial Court No. 2011CVF001094-D1
Honorable Jose A. Lopez, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
The appellant filed a motion for rehearing on December 5, 2013. We request a response from the appellee to the motion and ORDER the response be filed no later than January 20, 2014. See TEX. R. APP. P. 49.2. The court specifically requests a response to the contention that "the default judgment is void because Appellee failed to prove service upon . . . DIONISIO G. TORRES." See TEX. R. CIV. P. 106; Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990) ("For well over a century the rule has been firmly established in this state that a default judgment cannot withstand direct attack by a defendant who complains that he was not served in strict compliance with applicable requirements."); Bank of Am., N.T.S.A. v. Love, 770 S.W.2d 890, 891 (Tex. App.—San Antonio 1989, writ denied) ("A default judgment entered following substituted service is void where there has not been strict compliance with the rules relating to service of citation."); Pharmakinetics Labs., Inc. v. Katz, 717 S.W.2d 704, 706 (Tex. App.—San Antonio 1986, no writ) ("Failure to show affirmatively a strict compliance with the pertinent Rules of Civil Procedure will render the attempted service of process invalid. . . . Accordingly, we hold that the trial court had no in personam jurisdiction over Pharmakinetics and the trial court's judgment is void.). It is so ORDERED on December 20th, 2013.
PER CURIAM ATTESTED TO: _______________
Keith E. Hottle
Clerk of Court