No Citation in the Court's file, no Valid Service based merely on Affidavit of Process Server, no Valid Default Judgment

Garcia v. Ennis, No. 02-17-00282-CV (Tex.App.- Fort Worth, Jun. 28, 2018) (reversing trial court's denial of bill-of-review relief against default judgment for failure to strictly comply with rules of civil procedure governing service of process and remanding for further proceedings on the merits of the underlying claim).In 2011 the Texas Supreme Court changed the rules governing the processing of citations and proof of service to require the clerk to place a copy of the citation in the case file and permit proof of service (return of service) by affidavit of a private process server (or declaration under penalties of perjury in lieu of affidavit) as opposed to return of the executed citation itself, which was previously required to be on file for ten days before a default judgment could be granted. Construing the interplay of the rules governing citation and proof of service as amended, the Fort Worth Court of Appeals recently held in an appeal from a bill-of-review…

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