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Insurance Company of the State of Pennsylvania v. Lejeune

Strict compliance with the rules governing service of citation, rules 16 and 105 of the Texas Rules of Civil Procedure, is mandatory if a default judgment is to withstand an attack on appeal. Failure to comply with these rules constitutes error on the face of the record. Here, the record shows that the return of citation lacks the required notation showing the hour of receipt of citation. The default judgment, therefore, cannot stand. Texas Supreme Court, No. 08-0829, 10-30-2009

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In this case we consider whether a default judgment must be overturned because the clerk’s endorsement of the return of citation lacked the time of service, as required by Rules 16 and 105 of the Texas Rules of Civil Procedure. “For well over a century, this court has required that strict compliance with the rules for service of citation affirmatively appear on the record in order for a default judgment to withstand direct attack.” Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994) (per curiam) (citing Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990); Uvalde Country Club v. Martin Linen Supply Co., 690 S.W.2d 884, 886 (Tex. 1985); McKanna v. Edgar, 388 S.W.2d 927, 929 (Tex. 1965); Flynt v. Kingsville, 82 S.W.2d 934, 934 (Tex. 1935); Sloan v. Batte, 46 Tex. 215, 216 (1876); Roberts v. Stockslager, 4 Tex. 307, 309 (1849)). Because we hold that the endorsement in this case did not satisfy Rules 16 and 105, we reverse the court of appeals’ judgment and remand the case to the trial court.

Edward Lejeune filed a workers’ compensation claim with his employer’s carrier, Insurance Company of the State of Pennsylvania, for an injury he stated he suffered on the job. Insurance Co. denied his claim, and the parties participated in a contested case hearing before the Division of Workers’ Compensation. The hearing officer found that Lejeune’s injury was not compensable. The Appeals Panel of the Division subsequently affirmed that decision. Lejeune then sought review in district court. After Insurance Co. failed to respond to the suit, Lejeune moved for, and was granted, a default judgment. Approximately five months later, Insurance Co. filed a notice of restricted appeal, alleging that Lejeune failed to comply with the venue and service of citation rules governing his claim. The court of appeals disagreed and affirmed the default judgment. 261 S.W.3d 852, 861 (Tex. App.-Texarkana 2008). Insurance Co. then petitioned for review in this Court. 52 Tex. Sup. Ct. J. 8 (Oct. 3, 2008).

A party can prevail in a restricted appeal only if:

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