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Click here for the full text of this decision FACTS:Narnia Investments Ltd. filed suit against several defendants, including Harvestons Securities Inc. Narnia’s petition stated that Harveston Securities Inc. could be served with process by serving the Texas Securities Commissioner. The district clerk issued citation directed to “Harveston Securities Inc. by serving the Texas Securities Commissioner[,] 200 E 10th Street[,] 5th Floor Austin[,] Texas 78701.” The return of service indicated that the citation was served on Sept. 7, 2000, at “200 E. 10th, Austin, Tx. 78701 in Travis County . . . by delivering to Harveston Securities, by serving the Texas Securities Commissioner, by delivering to JoAnn Kocerek defendant, in person, a true copy of this Citation together with the accompanying copy(ies) of the Petition attached thereto. . . .” Harvestons did not file an answer or otherwise appear in the case, and Narnia moved for a default judgment. The trial court granted an interlocutory default judgment in favor of Narnia and against Harvestons for $365,000, plus attorneys’ fees, prejudgment interest and postjudgment interest. Two months later, the trial court rendered a final default judgment against Harvestons awarding the same relief as in the interlocutory judgment. Five months after this final judgment, Harvestons filed an unsworn motion for new trial claiming it had no actual knowledge of the pending litigation before Nov. 15, 2004. Harvestons sought to have the default judgment set aside. The trial court lacked plenary power over this untimely motion and denied it. Harvestons filed a timely restricted appeal. Harvestons asserted that service of process was invalid because: 1. The return of service showed that process was delivered to someone other than the one named in the citation, i.e., the person named in the citation was the Texas securities commissioner, and the return of service states that process was delivered to “JoAnn Kocerek”; 2. The citation and the return of service did not show that Koverek had the authority to accept process on behalf of Harvestons or the Texas securities commissioner; and 3. The return of service did not show a valid manner of service. HOLDING:Reversed and remanded. The face of the record, the court stated, does not identify Jo Ann Kocerek or her status or affiliation, if any, with the Texas securities commissioner. Neither the return nor any other portion of the record designates Jo Ann Kocerek as an authorized representative of the commission or indicates that she has the authority to receive service on behalf of Harvestons or the commissioner, the court stated. It is simply not possible to determine from the record who Jo Ann Kocerek is, the court stated, or whether she is an agent authorized to accept service on behalf of either the commissioner or Harvestons. Without indication on the face of the record of her capacity or authority, if any, to receive service, the granting of the default judgment was improper, the court found. Harvestons, the court held, established error on the face of the record; thus, service of process was defective. Therefore, the court stated, the trial court erred in granting a default judgment against Harvestons. OPINION:Frost, J.; Frost and Anderson, J.J. DISSENT:Edelman, J. The record in the case, the dissent stated, contains evidence that service of process was received by the commissioner and forwarded to Harvestons in accordance with Texas Revised Civil Statutes Art. 581-8. Because the record reflected compliance with the rules for service of process that apply in this case, the dissent stated, the sufficiency of the return of citation showing service on the Commissioner is immaterial. The dissenting justice stated that she would affirm the lower court.

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