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Alicia Moreno v. Liberty Mutual Fire Insurance Company
Citation: Not availableDocket: 03-94-00668-CV
Court: Court of Appeals of Texas; June 21, 1995; Texas; State Appellate Court
Original Court Document: View Document
Alicia Moreno appeals a default judgment from the Texas Court of Appeals, challenging a ruling from the Travis County District Court that favored Liberty Mutual Fire Insurance Company, the employer's insurance carrier. The trial court set aside a prior Workers' Compensation Commission award to Moreno, concluding that the award was unjust and excessive after Liberty Mutual sought a trial de novo. Moreno did not respond to the suit, leading to the default judgment that she take nothing from Liberty Mutual. The appeals court affirms the default judgment, noting that an appeal by writ of error requires fulfillment of specific criteria, including that the error must be evident from the record. Moreno's first point of error claims non-compliance with Texas Rule of Civil Procedure 16 regarding the endorsement of the citation's receipt date and hour. The court finds that errors in the hour of receipt do not warrant reversal, as established in prior cases, and Moreno did not demonstrate any harm from this omission. In her second point of error, Moreno contends that the return does not indicate that the server was authorized to serve process. However, the return includes the stamped signature of the Sheriff of Williamson County, which satisfies the requirement of Texas Rule of Civil Procedure 107. The court clarifies that the deputy's signature is unnecessary since the sheriff's endorsement is sufficient, rendering the deputy's official capacity irrelevant. Both points of error are overruled, and the judgment is upheld. Moreno asserts the judgment is invalid due to a discrepancy between the address on the citation and the address where service was executed. The citation specified "Alicia (Gomez) Moreno" at 1204 Abbey, while service was made on "Alicia Gomez Moreno" at 207 Sunset. The court finds this argument unpersuasive, noting that the return of service indicates that the named defendant was served, and the process server is not restricted to the address on the citation. The return serves as prima facie evidence, allowing service at any location within the state where the defendant can be found. Additionally, Moreno argues that the judgment is invalid because Liberty Mutual did not file a certificate of his last known address with the district clerk or ensure that a notice of default judgment was mailed, as mandated by Texas Rule of Civil Procedure 239a. Moreno urges the court to disregard prior cases that state compliance issues should be raised in a bill of review, not a writ of error. Rule 239a requires the certification of a last known address and the mailing of a notice upon judgment signing; however, non-compliance does not affect the judgment's finality. The court agrees that the term "finality" pertains to whether a judgment remains final despite notice failures, but emphasizes that a default judgment with proper service remains valid unless there is compelling evidence of inequity. Thus, challenges regarding notice under rule 239a are more appropriately addressed in a bill of review rather than in a writ of error proceeding. Moreno claims a violation of her due process rights due to a lack of notice, referencing Peralta v. Heights Medical Center, Inc., which addressed due process issues regarding default judgments based on service of process. The court notes that it cannot ascertain from the record whether Moreno was served but allows for evidence to be introduced in a bill of review proceeding to demonstrate lack of service. Points of error four and five are overruled, and the trial court's judgment is affirmed. Additionally, the document highlights that discrepancies in names on legal documents were not raised as an issue on appeal. It cites Texas Rule of Civil Procedure 103, which permits out-of-county service by a sheriff, and outlines the requirements for a bill of review, including proving a meritorious defense and that failure to respond was not due to the defendant's own negligence. If the court clerk fails to notify the defendant of a default judgment due to the plaintiff's failure to certify the defendant's address, the defendant is relieved from proving fraud. The excerpt concludes with a note on differing court opinions regarding the burden of proof in cases involving official negligence.