Jean Michel Szabuniewicz, Individually and in His Capacity as Former Trustee of the Oak Lawn Investment Trust, Oak Lawn General Inc., Oak Lawn Holdings I, L.P., Texas Urban Properties, Ltd., Texas Urban GP, Inc., Oak Lawn Medical Properties, L.P., Willow Park Construction, Inc., and Guaranty Finance Company v. Todd May, in His Capacity as Trustee of the Beverly Trust

Summary

The court reverses a default judgment in a restricted appeal because the record did not demonstrate strict compliance with Texas requirements governing issuance, service, and return of citation. Defects included missing file marks, service on an individual whose authority to accept service for the entities was not shown, address discrepancies, and inconsistent name spellings. The case was remanded for further proceedings.

Holdings

1. The appellants satisfied the four requirements for a restricted appeal: they timely filed notice, were parties to the underlying suit, did not participate in the hearing or timely file post-judgment motions, and demonstrated error apparent on the face of the record.
2. The record did not affirmatively demonstrate strict compliance with the rules governing issuance, service, and return of citation. The defects constituted error on the face of the record, so the default judgment could not stand.
3. The default judgment had to be reversed as to all parties because the trial court lacked personal jurisdiction over at least one defendant due to defective service.

Questions Presented

1. Whether the appellants satisfied the requirements for invoking restricted-appeal jurisdiction.
2. Whether the record affirmatively demonstrated strict compliance with the Texas Rules of Civil Procedure governing issuance, service, and return of citation.
3. Whether defects in the returns of service, including failure to show filing for the required period and failure to show service on an authorized agent, constituted error on the face of the record requiring reversal of the default judgment.

Disposition

reversed_and_remanded