Campus Investments, Inc v. Cullever

The evidence at the trial of this bill of review showed that a certificate of service from the Secretary of State was on file ten days before the underlying default judgment was granted, but citation and return were not. See TEX. R. CIV. P. 107. Relying on its opinion in G.F.S. Ventures, Inc. v. Harris, 934 S.W.2d 813 (Tex. App. -- Houston [1st Dist.] 1996, no writ), the First Court of Appeals held this was sufficient. ___ S.W.3d ___. Petitioner points out that this opinion conflicts with the Sixth Court of Appeals' opinion to the contrary in Onyx TV v. TV Strategy Group, LLC, 990 S.W.2d 427 (Tex. App. -- Texarkana 1999, no pet.). Finding the First Court's analysis correct, we approve the former, disapprove the latter, and affirm. Anthony Sean Cullever and Kevin Michael Els brought suit alleging they suffered injuries during a robbery that took place at the adult book store where they allege they were employees of Campus Investments, Inc. After several unsuccessful attempts to serve the latter's registered agent, they requested service on the Secretary of State. TEX. BUS. CORP. ACT art. 2.11, § B. The Secretary subsequently issued a certificate that he had received and forwarded a copy of the citation and Second Amended Original Petition to Campus by certified mail, which was returned marked ""Attempted - Not Known.""