Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769 (Tex. App. 1990). · Go Syfert
Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769 (Tex. App. 1990). Cases Citing This Book View Copy Cite
69 citation events (55 in the last 25 years) across 5 distinct courts.
Strongest positive: Moody National Bank, N.A. v. Bywater Marine, L.L.C. (ca5, 2013-05-14)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Moody National Bank, N.A. v. Bywater Marine, L.L.C.
5th Cir. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
we hold that where only one address is given in a contract as the business address it is the 'home office' of the party using such address.
discussed Cited as authority (rule) Laughlin Energy Motor Sports, LLC v. Americana Pro Detailing Products LLC
N.D. Tex. · 2023 · confidence medium
Even if the post-room employee was an agent, the case cited by Laughlin is factually different as the plaintiff placed the return receipt in the record, and the signature explicitly stated that it was from “addressee’s agent.” Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 771 (Tex. App.—Fort Worth 1990, no writ).
discussed Cited as authority (rule) XL Insurance Company of New York, Inc. v. Juan Lucio
Tex. App. · 2018 · signal: cf. · confidence medium
Cf. Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 772 (Tex. App.—Fort Worth 1990, no writ) (suggesting a remittitur of actual damages and a proportionate reduction of prejudgment interest in a writ of error proceeding from a default judgment that awarded more damages than pleaded for in the petition).
cited Cited as authority (rule) U.S. Bank National Ass'n as Trustee for SROF-2013-M4 Remic Trust I v. TFHSP LLC SERIES 6481
Tex. App. · 2016 · confidence medium
The present case is distinguishable from this court's prior decision in Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 771 (Tex.App.-Fort Worth 1990, no writ).
cited Cited as authority (rule) Robert G. Bryant D/B/A the Western Shop v. Lucchese, Inc.
Tex. App. · 2015 · confidence medium
Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 771 (Tex. App.—Fort Worth 1990, no writ).
discussed Cited as authority (rule) the University of Texas Medical Branch at Galveston v. Carolyn Callas, Ray Callas and Jamie Callas, Individually and as the Representatives of the Estate of Gerald Callas and for and on Behalf of Any Wrongful Death Beneficiaries
Tex. App. · 2015 · confidence medium
See also, Security Pacific Corporation v. Lupo, 808 S.W. 2d 126, 127 (Tex. App.- Houston [14th Dist.] 1991, writ denied); Mahon v. Haddad, 783 S.W. 2d 769, 771 (Tex.- App.-Fort Worth 1990, no writ); Cohen v. Strake, 743 S.W. 2d 366, 368 (Tex. App.-Houston [14th Dist.] 1988, no writ).
discussed Cited as authority (rule) Barry Nussbaum v. Builders Bank, an Illinois Banking Corporation
Tex. App. · 2015 · confidence medium
DELIVERED: July 2, 2015 indicating service was returned “unclaimed” conclusively established service under long-arm statute); Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 772 (Tex. App.––Fort Worth 1990, no writ) (“The fact that the certificate from the Secretary of State evidenced that process was forwarded by certified mail was sufficient to grant jurisdiction over the defendant.”); see also Williamson v. State, Nos. 03-11-00786-CV, 03-12-00344-CV, 2013 WL 3336869 , at *3–4 (Tex. App.—Austin June 26, 2013, pet. denied) (mem. op.). 14
discussed Cited as authority (rule) Federal National Mortgage Association v. Summit Residential Services, LLC, as Trustee for the Hobby Falcon 2212 Land Trust
Tex. App. · 2014 · confidence medium
“Absent fraud or mistake, the Secretary of State’s certificate is conclusive evidence that the Secretary of State, as agent of [Fannie Mae], received service of process for [Fannie Mae] and forwarded the service as required by the statute.” See Capitol Brick, 722 S.W.2d -7- 04-13-00775-CV at 401; see also Cullever, 144 S.W.3d at 466 (holding a certificate from the Secretary of State conclusively established that process was served); Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 772 (Tex. App.—Fort Worth 1990, no writ) (“The fact that the certificate from the Secretary of S…
discussed Cited as authority (rule) Wachovia Bank of Delaware, National Ass'n v. Gilliam
Tex. · 2007 · confidence medium
Corp., 642 S.W.2d 820, 823 (Tex.App.-Dallas 1982, no writ); see also Zuyus v. No’Mis Commc’ns, Inc., 930 S.W.2d 743, 746 (Tex.App.-Corpus Christi 1996, no writ) (affirming default as defendant admitted forwarding address was his home or home office); Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 771 (Tex.App.-Fort Worth 1990, no writ) (holding petition need not allege forwarding address was "home or home office” if record evidence shows it was). 3 .
discussed Cited as authority (rule) Thomas, Roosevelt C. v. Olympus/Nelson Property Management, D/B/A Weyrich Real Estate, Inc.
Tex. App. · 2004 · confidence medium
See Barrow v. State , 973 S.W.2d 764, 768 (Tex. App. C Amarillo 1998, no pet.) (holding that, for purposes of harboring-a-runaway statute, plain and ordinary meaning of A the child = s home @ included the house of child = s aunt where she was staying for the weekend, although the child normally lived in another dwelling with her parents); Morgan v. State , 963 S.W.2d 201, 204 (Tex. App. C Houston [14th Dist.] 1998, no pet.) (holding that appellant = s sister = s motel room would be considered appellant = s A home @ for Fourth Amendment purposes); Mahon v. Caldwell, Haddad, Skaggs, Inc ., 783 S…
discussed Cited as authority (rule) Thomas v. Olympus/Nelson Property Management
Tex. App. · 2004 · confidence medium
See Barrow v. State, 973 S.W.2d 764, 768 (Tex.App.-Amarillo 1998, no pet.) (holding that, for purposes of harboring-a-runaway statute, plain and ordinary meaning of “the child’s home” included the house of child’s aunt where she was staying for the weekend, although the child normally lived in another dwelling with her parents); Morgan v. State, 963 S.W.2d 201, 204 (Tex.App.-Houston [14th Dist.] 1998, no pet.) (holding that appellant’s sis *401 ter’s motel room would be considered appellant’s “home” for Fourth Amendment purposes); Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 …
discussed Cited as authority (rule) Gulf States Petroleum Corporation and Randall Clayton May v. General Electric Capital Auto Lease
Tex. App. · 2004 · confidence medium
The Fort Worth Court of Appeals recognized that remittitur is an appropriate remedy in this situation in Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 770 (Tex.App.-Fort Worth 1990, no pet’n).
examined Cited as authority (rule) Harper MacLeod Solicitors v. Keaty & Keaty, Doing Business as Keaty Law Firm (4×) also: Cited "see"
5th Cir. · 2001 · confidence medium
In analyzing whether Harper complied with the Texas long arm statute, we must screen the record "to factually determine that the address provided to the Secretary of State was in fact the home or home office of the nonresident defendant (notwithstanding it was so labeled)." Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 771 (Tex. App. 1990, writ denied). 34 Texas courts have consistently required strict compliance with the terms of the Texas long arm statute.
cited Cited "see" JPMorgan Chase Bank, N.A. v. Professional Pharmacy II
Tex. App. · 2015 · signal: see · confidence high
See Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 772 (Tex. Civ.
cited Cited "see" JPMorgan Chase Bank, N.A. v. Professional Pharmacy II
Tex. App. · 2015 · signal: see · confidence high
See Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 772 (Tex.App.-Fort Worth 1990, no writ) (suggesting proportional reduction in prejudgment interest as part of suggested remitti-tur).
discussed Cited "see" Daniel Wayne Steele and Robert Dwayne Steele v. Tyson Goddard and Mylea Goddard (2×) also: Cited "see, e.g."
Tex. App. · 2013 · signal: see · confidence high
See Mahon, 783 S.W.2d at 772 ; see also Hannon, 2011 Tex. App. LEXIS 3624 , at *31.
discussed Cited "see" Hannon, Inc. v. Ronny Scott, D/B/A Dollar Land (2×)
Tex. App. · 2011 · signal: see · confidence high
See Mahon v. Caldwell, Haddad, Skaggs, Inc. , 783 S.W.2d 769, 772 (Tex. Civ.
discussed Cited "see" Hannon, Inc. v. Ronny Scott, D/B/A Dollar Land (2×)
Tex. App. · 2011 · signal: see · confidence high
See Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 772 (Tex. Civ.
discussed Cited "see" Harper Macleod Slctr v. Keaty & Keaty (2×)
5th Cir. · 2001 · signal: see · confidence high
See id. 18 factually determine that the address provided to the Secretary of State was in fact the home or home office of the nonresident defendant (notwithstanding it was so labeled).” Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 771 (Tex. App. 1990, writ denied).
discussed Cited "see" Peter Osborne v. Cooperative Computing, Inc.
Tex. App. · 1997 · signal: see · confidence high
See Mahon v. Caldwell, Haddad, Skaggs, Inc. , 783 S.W.2d 769, 771 (Tex. App.--Fort Worth 1990, no writ); see also Zuyus v. No'Mis Communications, Inc. , 930 S.W.2d 743, 746-47 (Tex. App.--Corpus Christi 1996, no writ).
discussed Cited "see" Barnes v. Frost National Bank (2×)
Tex. App. · 1992 · signal: see · confidence high
See Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 771 (Tex.App.—Fort Worth 1990, no writ).
cited Cited "see" Boreham v. Hartsell
Tex. App. · 1992 · signal: see · confidence high
See Mahon, 783 S.W.2d at 771 .
cited Cited "see, e.g." U.S. National Bank Association v. Bobby Johnson
Tex. App. · 2011 · signal: see, e.g. · confidence medium
See, e.g. , Mahon v. Caldwell, Haddad, Skaggs, Inc. , 783 S.W.2d 769, 772 (Tex. App.—Fort Worth 1990, no pet.).
Retrieving the full opinion text from the archive…
Bruce A. MAHON, Individually and as a Partner in West Atlantic City Associates, Appellant,
v.
CALDWELL, HADDAD, SKAGGS, INC., Appellees
2-88-260-CV.
Court of Appeals of Texas.
Jan 10, 1990.
783 S.W.2d 769
1990 Tex. App. LEXIS 392
1990 WL 14940
Hill, Heard, Oneal, Gilstrap & Goetz and Michal A. Rossetti, Arlington, for appellant., Markey & Ash, P.C. and Robert F. Jones, Jr., Fort Worth, for appellees.
Spurlock, Keltner and Meyers.
Cited by 35 opinions  |  Published

OPINION

JOE SPURLOCK, II, Justice.

This default judgment case is before us on a petition for writ of error perfected in accordance with TEX.CIV.PRAC. & REM. CODE ANN. sec. 51.012 (Vernon 1986) and TEX.R.APP.P. 40, 45. Appellant raises three points of error. We affirm the default judgment but order a remittitur as to the damages.

On April 2, 1987, Caldwell, Haddad, Skaggs, Inc. (hereinafter “CHS”), a Texas Corporation, sued Bruce Mahon individually and as a partner in West Atlantic City Associates (a New Jersey partnership hereinafter referred to as “West Atlantic”) for damages of $60,510.34, for architectural work performed by CHS for West Atlantic.

CHS served Mahon with notice of the suit by serving the Secretary of State of Texas pursuant to TEX.CIV.PRAC. & REM.CODE ANN. sec. 17.044 (Vernon 1986). In order to obtain valid service, CHS alleged the following:

Defendant, BRUCE A. MAHON, is an individual residing in Burlington County, New Jersey, and may be served with citation at his place of business, West Atlantic City Associates, Routes 130 and 206, Bordentown, New Jersey, 08505.
... Defendants may be cited by serving the Secretary of State of Texas provided that the citation and petition are forwarded to Defendant’s business address, Routes 130 and 206, Bordentown, New Jersey, 08505, by registered or certified mail, return receipt requested pursuant to V.T.C.A. Civil Practice and Remedies Code, Section 17.044, Substituted Service on Secretary of State. [Emphasis added.]

On April 2, 1987, a citation was issued to Bruce Mahon, individually. [1] The officer’s return shows delivery of citation to the Secretary of State on April 7, 1987. The office of the Secretary of State certified that the citation and petition were forwarded on April 7, 1987 by certified mail, return receipt requested to:

MAHON, BRUCE A.
WEST ATLANTIC CITY ASSOCIATES
ROUTES 130 AND 206
BORDENTOWN, NJ 08505

[*771] The Secretary of State certificate also stated the following:

The RETURN RECEIPT was received in this office dated April 13, 1987, bearing the SIGNATURE OF ADDRESSEE’S AGENT. [Emphasis added.]

Mahon never filed an answer nor made any other appearance. On June 9, 1988, the trial court entered a judgment against him in the amount of $68,656.57, interest on the judgment of $19,363.48, and attorney’s fees of $1,200.00.

Appellant’s first point of error urges that the trial court erred in entering the default judgment because appellee failed to strictly comply with the requirements set forth in TEX.CIV.PRAC. & REM.CODE ANN. sec. 17.045 (Vernon 1986).

Section 17.045 of the Texas Civil Practice and Remedies Code states in part: (a) If the secretary of state is served with duplicate copies of process for a nonresident, he shall require a statement of the name and address of the nonresident’s home or home office and shall immediately mail a copy of the process to the nonresident. (Emphasis added.) Texas courts have consistently held that this statute must be followed with strict compliance. See Verges v. Lomas & Nettleton Financial Corp., 642 S.W.2d 820, 821 (Tex.App. —Dallas 1982, no writ). Inherent within this standard of strict compliance is the requirement that the statute be strictly construed. Id. at 822.

Appellant argues that CHS failed to strictly comply with the method of service provided under section 17.045 because they alleged in their petition that Mahon could be served “at his place of business” instead of at his “home or home office.”

We note that the long-arm statute provides no definition of “home” or “home office.” See TEX.CIV.PRAC. & REM. CODE ANN. sec. 17.044 et seq. (Vernon 1986). To support a default judgment when substituted service under the long-arm statute is used, a plaintiff must comply with these requirements: (1) the pleadings must allege facts which, if true, would make the defendant amenable to process by the use of the long-arm statute; and, (2) there must be proof in the record that the defendant was, in fact, served in the manner required by the statute. See Whitney v. L & L Realty Corp., 500 S.W.2d 94, 95-96 (Tex.1973); Verges v. Lomas & Nettleton Financial Corp., 642 S.W.2d at 821. There is no complaint in the present case concerning the first prong of this test.

As to the second prong of the test requiring that the record reflect the defendant was served in the manner required by the statute, appellee contends compliance does not require the use of magic words, such as “home” or “home office.” Instead, as an analogy appellee argues, that the record may be screened to factually determine that the address provided to the Secretary of State was in fact the home or home office of the nonresident defendant (not withstanding it was not so labeled). See Capitol Brick, Inc. v. Fleming Mfg. Co., 722 S.W.2d 399, 401 (Tex.1986). We agree.

Plaintiff’s (appellee’s) exhibit number one, admitted into evidence by the trial court, was a contract between Bruce A. Mahon and West Atlantic City Associates and CHS Incorporated. There was testimony that appellant Mahon did business as West Atlantic at the address listed in the contract, and as such recruited appellee for employment. The address listed in the contract for Bruce Mgbon and West Atlantic City Associates (the business address) is the address given by appellee for service in Plaintiff’s Original Petition. There is no other address listed in the contract or on any other documents. The invoices for billings, the basis for proving damages in the lawsuit, listed the same address for billing purposes.

We hold that where only one address is given in a contract as the business address it is the “home office” of the party using such address. A home business address by any other name is still a “home address” or “home office.” The cases appellant cites regarding a defendant’s “last known address” as not being the same as “home or home office” are not on point. Appellant’s first point of error is overruled.

[*772] In his second point of error, appellant alleges that the trial court erred in entering a default judgment against appellant because appellee failed to prove that appellant was, in fact, served in the manner required by the statute.

The Certificate of Service from the Texas Secretary of State, filed in the record, states that the return receipt bore the signature of “ADDRESSEE’S AGENT.” The return receipt itself is not in the record. In order to support a default judgment, a plaintiff must prove that the defendant was, in fact, served in the manner required by statute. Whitney v. L & L Realty Corp., 500 S.W.2d at 94; Verges v. Lomas & Nettleton Financial Corp., 642 S.W.2d at 821. Appellant contends the record fails to show that he was ever served.

The supreme court, in Whitney v. L & L Realty Corp., discussed whether the Texas long-arm statute requires “a showing in the record that [the Secretary of State] forwarded the service to the defendant.” Whitney v. L & L Realty Corp., 500 S.W.2d at 95. The court determined that the portion of the long-arm statute requiring the Secretary to forward citation by certified mail to the defendant was ambiguous. Id. at 96. More recently, in 1986, the court held that “[ajbsent fraud or mistake, the Secretary of State’s certificate is conclusive evidence that the Secretary of State, as agent of [the defendant], received service of process for [the defendant] and forwarded the service as required by the statute.” Capitol Brick, Inc. v. Fleming Mfg. Co., 722 S.W.2d at 401.

Appellee argues that the fact to be proved under the statute is that the Secretary of State received the citation, and as agent for the defendant, forwarded it to him by certified mail, return receipt requested. The fact that some person other than the defendant has signed for the mailing is immaterial. See BLS Limousine Service v. Buslease, 680 S.W.2d 543 (Tex.App. — Dallas 1984, writ ref’d n.r.e.). In BLS Limousine Service v. Buslease, the court held that the defendants were served in accordance with the long-arm statute even though the citations were returned to the Secretary bearing the notation “refused.” The fact that the certificate from the Secretary of State evidenced that process was forwarded by certified mail was sufficient to grant jurisdiction over the defendant. Id. at 546.

We hold appellant was served in the manner required by the long-arm statute even though his agent may have signed the return receipt instead of him. It was sufficient that the certificate from the Secretary of State evidenced that the Secretary forwarded process by certified mail, return receipt requested to appellant. Appellant’s second point of error is overruled.

Appellant argues in point of error number three, that the trial court erred in rendering judgment in the sum of $68,656.57 and in awarding prejudgment interest on that sum because the pleadings do not support this recovery. Plaintiff’s Original Petition prayed for judgment only in the sum of $60,510.34, plus pre and post judgment interest. Nevertheless, the default judgment entered against Mahon was in the principal sum of $68,656.57 plus interest in the amount of $19,363.48.

In its brief, appellee admits that the court entered judgment in an amount greater than that prayed for in the Original Petition. Appellee also states that it is ready to file a remittitur with the court in the sum of $8,146.23, should the court so order.

We note that it is impermissible in a default judgment to render judgment for damages in excess of the amount plead for in the petition. Capitol Brick, Inc. v. Fleming Mfg. Co., 722 S.W.2d at 401. Since the court awarded damages in an amount in excess of that requested by ap-pellee, this court suggests appellee file a remittitur in the amount of $8,146.23 together with a proportional reduction in prejudgment interest of $2,297.52. If remit-titur is not filed within fifteen days of this opinion, we shall reverse and remand this cause for new trial as to damages, otherwise we shall affirm.

1

. No other citation was ever issued.