Unreported / Non-Citable
Background
Western Star Concrete obtained a default judgment against Wan Bridge Group, LLC, in the 40th District Court of Ellis County. The judgment was signed on March 16, 2026. Wan Bridge did not participate in the hearing that produced the judgment and did not file a post-judgment motion or request findings of fact and conclusions of law.
Wan Bridge filed a restricted appeal on June 11, 2026. The return of service showed that process had been served on the Texas Secretary of State, but the appellate record contained no certificate establishing that the Secretary forwarded the citation to Wan Bridge as required by statute. Western Star submitted a letter instead of an appellee’s brief, conceded that the record lacked the required “Whitney certificate,” and requested reversal and remand for a new trial.
The Court’s Holding
The Tenth Court of Appeals held that Wan Bridge satisfied the requirements for relief by restricted appeal. It timely appealed within six months of the judgment, was a party to the underlying suit, did not participate in the dispositive hearing or pursue specified post-judgment remedies, and demonstrated error apparent on the face of the record.
The missing Whitney certificate meant the record did not prove that the Secretary of State forwarded process in accordance with the Texas Business Organizations Code. Because the record therefore failed to show proper service on Wan Bridge, the court sustained Wan Bridge’s first issue, reversed the default judgment, and remanded the case for further proceedings. It did not reach Wan Bridge’s separate challenge to whether service on the Secretary of State was proper in the first instance.
Key Takeaways
- A default judgment may be attacked through a restricted appeal when the appellant satisfies the procedural prerequisites and error appears on the face of the record.
- Serving process on the Texas Secretary of State is not enough by itself; the record must also prove that the Secretary forwarded the process as required by statute.
- The absence of a Whitney certificate established error on the face of this record and required reversal of the default judgment.
Why It Matters
The decision underscores the strict proof requirements governing substituted service before a Texas court may enter a default judgment. A record showing delivery to the Secretary of State, without proof that the Secretary forwarded the process, does not establish completed service.
For plaintiffs, the opinion highlights the need to obtain and place the Secretary of State’s certification in the record before seeking a default judgment. For defaulting defendants, it confirms that a missing Whitney certificate can supply the facial error necessary for relief through a restricted appeal.