Campus Invs., Inc. v. Cullever

In Campus Invs., Inc. v. Cullever, 144 S.W.3d 464, 465 (Tex. 2004), the Texas Supreme Court was again faced with a default judgment being granted when the defendants had been served by use of the long-arm statute in the Texas Business Corporations Act. The issue was that there was no record of citation or return in the record. Id. There was, however, a certificate from the SOS stating that it had received and forwarded a copy of the citation. Id. The court ultimately held that when substituted service on a statutory agent is allowed, the designee is not an agent for serving, but for receiving process on the defendant's behalf. Id. Further, the court said that the certificate from the SOS conclusively establishes that process was served. Id. Rule 107 of the Texas Rules of Civil Procedure prohibits a default judgment until citation and proof of service have been on file for 10 days. Tex. R. Civ. P. 107(h). The court held that the certificate from the SOS serves to fulfill the purpose of the Rule. Campus Invs.,144 S.W.3d at 466.