Jonathan Mingus v. Timothy Brent Claiborne

Summary

The Texas Court of Appeals reversed a no-answer default judgment in a breach-of-contract action because the record did not affirmatively show that the defendant was properly served by certified mail. The court held that the return receipt was not signed by the defendant, and the record did not establish that the signer was an authorized agent for service.

Holdings

1. Mingus satisfied the requirements that he file the restricted appeal within six months after judgment, be a party to the underlying suit, and not participate in the proceedings or timely file post-judgment motions.
2. The record did not affirmatively establish effective service of process because the certified-mail return receipt was not signed by Mingus, did not bear his address, and did not establish that the person who signed it was his authorized agent.
3. The no-answer default judgment could not stand because the record contained error on the face of the record concerning service of process.

Questions Presented

1. Whether Mingus satisfied the jurisdictional requirements for a restricted appeal.
2. Whether the record affirmatively established that Mingus was properly served with citation by certified mail.
3. Whether the no-answer default judgment could stand when the return receipt was not signed by Mingus and the record did not establish that the signer was his authorized agent.

Disposition

reversed_and_remanded