Case Brief No 1
Citation: Harvestons Securities, Inc. v. Narnia Investments, Ltd., 218 S.W.3d 126 (2007)
Plaintiff and Defendant: The plaintiff/appellant is Harvestons Securities, Inc. The defendant/appellee is Narnia Investments, Ltd.
Facts: In year 2000, Narnia Investments, Ltd. sued Harvestons Securities, Inc. and several defendants in trial court of Texas. The trial court then granted a default judgment against Harvestons and in favor of Narnia that Harvestons has to pay $365,000, plus attorney’s fees, prejudgment interest, and postjudgment interest. Harvestons claimed that it had no actual knowledge of the pending litigation before November 15, 2004 and filed a timely restricted appeal. Harvestons contends that the service of process was defective due to the process was delivered to someone different than the one name in the citation, the person to which the process was delivered, JoAnn Kocerek, did not have a authority to accept the process on behalf of Harvestons or the Texas Securities Commissioner and the return of service does not show a valid manner of service. At last, the appellate court of Texas reverse the trial court’s default judgment and remand this case for further proceedings.
Issues: (a) Did the return of service shows that process was delivered to someone other than the one named in the citation? (b) Did JoAnn Kocerek has the authority to accept process on behalf of Harvestons or the Texas Securities Commissioner? (c) Did the return of service show a valid manner of service?
Holding: (a) Yes, the return of service shows that process was delivered to someone other than the one named in the citation. (b) No, JoAnn Kocerek did not has the authority to accept the process on behalf of the Harvestons Securities or the Texas securities Commissioner. (c) No, the return of service does not show a valid manner of service.
Reasoning: (a) “The district clerk issued citation directed to "Harvestons Securities Inc. by serving the Texas Securities Commissioner[,]
Plaintiff and Defendant: The plaintiff/appellant is Harvestons Securities, Inc. The defendant/appellee is Narnia Investments, Ltd.
Facts: In year 2000, Narnia Investments, Ltd. sued Harvestons Securities, Inc. and several defendants in trial court of Texas. The trial court then granted a default judgment against Harvestons and in favor of Narnia that Harvestons has to pay $365,000, plus attorney’s fees, prejudgment interest, and postjudgment interest. Harvestons claimed that it had no actual knowledge of the pending litigation before November 15, 2004 and filed a timely restricted appeal. Harvestons contends that the service of process was defective due to the process was delivered to someone different than the one name in the citation, the person to which the process was delivered, JoAnn Kocerek, did not have a authority to accept the process on behalf of Harvestons or the Texas Securities Commissioner and the return of service does not show a valid manner of service. At last, the appellate court of Texas reverse the trial court’s default judgment and remand this case for further proceedings.
Issues: (a) Did the return of service shows that process was delivered to someone other than the one named in the citation? (b) Did JoAnn Kocerek has the authority to accept process on behalf of Harvestons or the Texas Securities Commissioner? (c) Did the return of service show a valid manner of service?
Holding: (a) Yes, the return of service shows that process was delivered to someone other than the one named in the citation. (b) No, JoAnn Kocerek did not has the authority to accept the process on behalf of the Harvestons Securities or the Texas securities Commissioner. (c) No, the return of service does not show a valid manner of service.
Reasoning: (a) “The district clerk issued citation directed to "Harvestons Securities Inc. by serving the Texas Securities Commissioner[,]