Cotton Patch Cafe, Inc. v. McCarty
In Cotton Patch Cafe, Inc. v. McCarty, No. 02-05-082-CV (Tex. App.--Fort Worth Mar. 9, 2006, no pet.) (mem. op.), the return of service stated a different zip code from that on the citation.
Cotton Patch argued that the numerical discrepancy constituted error on the face of the record. Id.
The court disagreed, stating that "because the return of citation complies with Rule 107 of the Texas Rules of Civil Procedure, because Cotton Patch does not claim that it did not receive service, and because the citation and return show that citation was actually served on Cotton Patch's registered agent, we hold that the service was not defective . . . ." Id.
Rule 107 of the Texas Rules of Civil Procedure governs the return of service and provides in relevant part as follows:
"The return of the officer or authorized person executing the citation shall be endorsed on or attached to the same; it shall state when the citation was served and the manner of service and be signed by the officer officially or by the authorized person. The return of citation by an authorized person shall be verified." (Tex. R. Civ. P. 107.)