Hubicki v. Festina, 226 S.W.3d 405 (Tex. 2007). · Go Syfert
Hubicki v. Festina, 226 S.W.3d 405 (Tex. 2007). Cases Citing This Book View Copy Cite
G Cite
cited 6× by 6 distinct cases, last quoted 2010 · …rigidly enforce the rules governing service, at p. 408 ≈ altered Topic ↗
182 citation events (182 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Shamrock Enterprises, LLC D/B/A Frsteam gulfcoast/la v. Top Notch Movers, LLC (2×) also: Cited as authority (rule)
Tex. · 2026 · quote attribution · 1 verbatim quote · confidence high
we rigidly enforce rules governing service when a default judgment is rendered.
cited Cited as authority (rule) Ramona L. Degraw v. Noel Bennie Paxton Jr.
Tex. App. · 2025 · confidence medium
See id.; Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007); Wachovia Bank of Del. v. Gilliam, 215 S.W.3d 848, 849 (Tex. 2007).
discussed Cited as authority (rule) Vanicare Medspas, Inc. and Vincent Chitolie v. Limitless Medical Spa, LLC (2×)
Tex. App. · 2025 · confidence medium
See id.; Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007); Wachovia Bank of Del. v. Gilliam, 215 S.W.3d 848, 849 (Tex. 2007). “[A] no-answer default judgment cannot stand when the defendant ‘was not served in strict compliance with applicable requirements.’” Spanton v. Bellah, 612 S.W.3d 314 , 316 (Tex. 2020) (quoting Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990)).
cited Cited as authority (rule) Quality Operating Company, LLC, D/B/A Bob's Containers v. Tonica Maria Lomax
Tex. App. · 2025 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007).
discussed Cited as authority (rule) Drilco Oil and Gas, Inc., Drilco 2019 1V2H Drilling Program, LLC, and Hugh D. Dale, Jr. v. Signal Ventures, LLC
wvactapp · 2024 · confidence medium
“Courts must ‘rigidly’ enforce rules governing service of process when a default judgment is rendered because the only ground supporting the judgment is that the defendant has failed to respond to the action in conformity with the applicable procedure for doing so.” Lockett at 665 (citing Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) In the Interest of F.H., a Child v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
Courts “rigidly enforce rules governing service when a default judgment is entered because ‘the only ground supporting the judgment is that the defendant has failed to respond to the action in conformity with the applicable procedure for doing so.’” Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam) (quoting Wilson v. Dunn, 800 S.W.2d 833, 837 (Tex. 1990)). “[E]ven if a defendant has received actual notice of a pending lawsuit, a default judgment rendered upon defective service will not stand.” Id. (citing Wilson, 800 S.W.2d at 837 ).
discussed Cited as authority (rule) Noel Life v. Edward Zuniga
Tex. App. · 2024 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam) (reversing judgment for insufficient alternate service because, among other reasons, the party only made one attempt to personally serve the defendant).
discussed Cited as authority (rule) Lawton Candle, LLC v. BG Personnel, LP
Tex. App. · 2024 · confidence medium
As the Texas Supreme Court has observed, “we rigidly enforce rules governing service when a default judgment is entered because the only ground supporting the judgment is that the defendant has failed to respond to the action in conformity with the applicable procedure for doing so.” Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) New Residential Mortgage, LLC v. Legacy Brokerage, LLC
Tex. App. · 2024 · confidence medium
As the Texas Supreme Court has observed, “we rigidly enforce rules governing service when a default judgment is entered because the only ground supporting the judgment is that the defendant has failed to respond to the action in conformity with the applicable procedure for doing so.” Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007).
cited Cited as authority (rule) Dansk Express, LLC v. IPFS Corporation
Tex. App. · 2023 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007).
discussed Cited as authority (rule) Buc-Ee's, LTD. v. David DeGroot
Tex. App. · 2023 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam) (citing Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990)); see Pro-Fire & Sprinkler, L.L.C. v. The Law Co., Inc., 661 S.W.3d 156 , 162 (Tex. App.—Dallas 2021, no pet.) (“The Supreme Court of Texas has reiterated that it construes strict compliance to mean just that.”) (cleaned up); see also Inv.
discussed Cited as authority (rule) Leo Roger Dugas v. Joe H. Vardell and Jacquelyn R. Vardell (2×)
Tex. App. · 2022 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007); Martell v. Tex. Concrete Enter.
cited Cited as authority (rule) Stephen L. Mitchell, Janie Mitchell Belew, Lisa Mitchell Seigmann, and Linda Mitchell Stapleton v. Map Resources, Inc., Pecos Bend Royalties, LLP, Pbr Properties Joint Ventures, and Tommy Vascocu
Tex. · 2022 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam).
examined Cited as authority (rule) Eric Pasanisi and Tanganyika Wildlife Safari, Ltd. v. Mark Vanham and Klineburger Vanham International Hunting Consultants, LLC. (3×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Deleon v. Fair, No. 04-06-00644-CV, 2007 WL 2042763 , at *2 (Tex. App.—San Antonio July 18, 2007, no pet.) (mem. op.). -2- 04-21-00015-CV Applicable Law “Rule 108a governs service of process upon parties in foreign countries.” Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Coleman R. Ferguson v. Transpetco Transport Company
Tex. App. · 2021 · confidence medium
In granting the motion, the court signed a judgment awarding Transpecto $150,006.00 in damages based on Transpecto’s claims alleging breach of contract and fraud. 3 Analysis To affirm a judgment in a case involving a judgment obtained against a defendant by default, the record before us in the appeal must establish that the trial court could exercise jurisdiction over the parties and over the subject matter of the suit.4 The record must also show the plaintiff complied with the rules of procedure that control the manner and method of serving a party with a lawsuit.5 Without a record that sho…
cited Cited as authority (rule) Baltazar Martell A/K/A Baltazar Martell-Guevara D/B/A Martell Concrete Delivery v. Texas Concrete Enterprise Readymix, Inc.
Tex. App. · 2020 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 480 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Daniel Daigrepont v. Holly Preuss
Tex. App. · 2019 · confidence medium
If the defendant can then show that the person commencing the action was guilty of comparable nonconformity with procedural rules, under a principle of equality the derelictions offset each other and the merits of the controversy may be brought forward for consideration. –7– Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (citing Dunn, 800 S.W.2d at 837 (quoting RESTATEMENT (SECOND) OF JUDGMENTS § 3 cmt. d (1982))).
discussed Cited as authority (rule) Eco General Contractors LLC Dba Eco Roofing, and Richard Lack v. Lisa Goodale
Tex. App. · 2019 · confidence medium
Given our obligation to rigidly enforce the rules governing service when a default judgment is rendered, we cannot conclude Hutchinson’s affidavit shows strict compliance with rule 106(b) because he did not state that the 501 Northwest Highway address where he attempted to effectuate service of process was Lack’s “usual place of business or usual place of abode.” See Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam); LaRose v. REHJ, Inc., No. 05-17-01348-CV, 2018 WL 6521804 , at *3–4 (Tex. App.—Dallas Dec. 12, 2018, no pet. h.) (mem. op.) (reversing default judgment …
cited Cited as authority (rule) Asset Protection & Security Services, L.P. v. Virginia Armijo
Tex. App. · 2019 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007), quoting Dunn, 800 S.W.2d at 837 and Restatement (Second) of Judgments § 3 cmt. d (1982).
discussed Cited as authority (rule) Robert LaRose v. REHJ, Inc. D/B/A Holmes, Diggs & Eames
Tex. App. · 2018 · confidence medium
Given our obligation to rigidly enforce the rules governing service when a default judgment is rendered, Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam), we cannot conclude Barns’s declaration shows strict compliance with rule 106(b).
discussed Cited as authority (rule) in the Interest of R.A. and D.A., Children
Tex. App. · 2018 · signal: cf. · confidence medium
Cf. Hubicki v. Festina, 11 226 S.W.3d 405, 408 (Tex. 2007) (holding that alternative service was not adequate when Festina made a single attempt to serve Hubicki under rule 106(a) before moving for alternative service under rule 106(b) via first class mail to an address in Mexico, there was no evidence that Hubicki was actually receiving mail at the address Festina provided, and there was no evidence that Hubicki was in Mexico when Festina attempted service there).
discussed Cited as authority (rule) Monte Montgomery v. Monty Hitchcock (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
The Texas Supreme Court has “long demanded strict compliance with applicable requirements when a defendant attacks a default judgment.” Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam). “‘Strict compliance’ means literal compliance with the rules governing issuance, service, and return of 2 citation.” Amato v. Hernandez, 981 S.W.2d 947, 950 (Tex. App.—Houston [1st Dist.] 1998, pet. denied).
cited Cited as authority (rule) Levent Ulusal v. Lentz Engineering, L C
Tex. App. · 2016 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex.2007).
cited Cited as authority (rule) Geochemical Operating Corp. v. Earl Harrison
Tex. App. · 2015 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007).
discussed Cited as authority (rule) Browserweb Media Agency v. Maxus Energy Corporation
Tex. App. · 2015 · confidence medium
The following are cases where courts have held that defects in the return 31 | P a g e of service rendered the attempted service invalid: Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (plaintiff failed to provide return receipt with defendant’s signature).
cited Cited as authority (rule) Monte Montgomery v. Monty Hitchcock
Tex. App. · 2015 · confidence medium
Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990); Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007).
examined Cited as authority (rule) Industrial Models, Inc. v. SNF, Inc. D/B/A Brand FX Body Company (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2014 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007); see also Midstate Envtl.
cited Cited as authority (rule) Austin Energy v. Trinity Universal Insurance Group the Real Party in Interest as Subrogee of the Named Steven Spears
Tex. App. · 2014 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007).
discussed Cited as authority (rule) Brown Consulting and Associates, Inc. v. Smith, Karen
Tex. App. · 2013 · confidence medium
Given our obligation to “rigidly enforce rules governing service when a default judgment is entered,” Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam), we cannot –6– conclude Davis’s affidavit shows strict compliance with rule 106(b).
discussed Cited as authority (rule) Matthew John Date and Structured Capital Investments, LLC v. RSL Funding, LLC (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990); Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Khrysten Williams v. Asset Acceptance LLC
Tex. App. · 2012 · confidence medium
The supreme court has “long demanded strict compliance with applicable [service] requirements when a defendant attacks a 7 default judgment.” Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Khrysten Williams v. Asset Acceptance LLC
Tex. App. · 2012 · confidence medium
The supreme court has "long demanded strict compliance with applicable [service] requirements when a defendant attacks a default judgment." Hubicki v. Festina , 226 S.W.3d 405, 407 (Tex. 2007) (per curiam).
cited Cited as authority (rule) Marcus Todd v. Sport Leasing & Financial Services Corp.
Tex. App. · 2011 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 407 (Tex. 2007) (per curiam) (citing Wachovia Bank of Del. v. Gilliam , 215 S.W.3d 848, 849 (Tex. 2007)).
cited Cited as authority (rule) Saundra L. Sanders v. Mark E. Sanders
Tex. App. · 2011 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 407 (Tex. 2007).
discussed Cited as authority (rule) Zanchi v. Lane (2×)
Tex. App. · 2011 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex.2007).
cited Cited as authority (rule) in Re Orgoo, Inc.
Tex. App. · 2011 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007).
cited Cited as authority (rule) Orgoo, Inc. v. Rackspace US, Inc.
Tex. App. · 2011 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex.2007).
cited Cited as authority (rule) in Re Orgoo, Inc.
Tex. App. · 2011 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 408 (Tex. 2007).
cited Cited as authority (rule) Angela M. Dean v. Darrin M. Hall
Tex. App. · 2010 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 407 (Tex. 2007).
cited Cited as authority (rule) Livanos v. Livanos
Tex. App. · 2010 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex.2007); McGraw-Hill, Inc. v. Futrell, 823 S.W.2d 414, 416 (Tex.App.-Houston [1st Dist.] 1992, writ denied).
cited Cited as authority (rule) Angeliki Livanos v. Nikolaos Livanos
Tex. App. · 2010 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 408 (Tex. 2007); McGraw-Hill, Inc. v. Futrell , 823 S.W.2d 414, 416 (Tex. App.—Houston [1st Dist.] 1992, writ denied).
cited Cited as authority (rule) $629.00 in U.S. Currency v. State
Tex. App. · 2010 · confidence medium
See id.; Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007).
cited Cited as authority (rule) $629.00 in U.S. Currency v. State
Tex. App. · 2010 · confidence medium
See id .; Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007) .
cited Cited as authority (rule) Investment Ideas, Inc. v. Ellekay, LLC Dba Young Chef's Academy
Tex. App. · 2010 · confidence medium
Hubicki v. 3 Festina, 226 S.W.3d 405, 408 (Tex. 2007).
discussed Cited as authority (rule) Trudy Randall Rowsey v. Louis Michael Matetich
Tex. App. · 2010 · confidence medium
Rowsey contends that Matetich did not meet his burden of showing that service by regular mail would be reasonably effective to give her notice of the suit because he did not present evidence that Rowsey “was actually receiving mail at the address for service.” Rowsey asserts that the supreme court’s holding in Hubicki v. Festina, 226 S.W.3d 405, 408 (Tex. 2007) (per curiam), requires a plaintiff to present such evidence before service by regular mail may be authorized.
discussed Cited as authority (rule) Trudy Randall Rowsey v. Louis Michael Matetich
Tex. App. · 2010 · confidence medium
Rowsey contends that Matetich did not meet his burden of showing that service by regular mail would be reasonably effective to give her notice of the suit because he did not present evidence that Rowsey "was actually receiving mail at the address for service." Rowsey asserts that the supreme court's holding in Hubicki v. Festina , 226 S.W.3d 405, 408 (Tex. 2007) (per curiam), requires a plaintiff to present such evidence before service by regular mail may be authorized.
discussed Cited as authority (rule) Ameriquest Mortgage Company F/K/A Long Beach Mortgage v. Clyde Ashworth and Paula Welch (2×) also: Cited "see, e.g."
Tex. App. · 2010 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 408 (Tex. 2007); McGraw-Hill, Inc. v. Futrell , 823 S.W.2d 414, 416 (Tex. App.—Houston [1st Dist.] 1992, writ denied).
cited Cited as authority (rule) Leonard Manor, Inc. v. Century Rehabilitation of Texas, L.L.C.
Tex. App. · 2009 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 408 (Tex. 2007); Wachovia Bank of Del., N.A. v. Gilliam , 215 S.W.3d 848, 849-50 (Tex. 2007); see Wilson v. Dunn , 800 S.W.2d 833, 836 (Tex. 1990).
discussed Cited as authority (rule) Shafaria Marie Titus v. Southern County Mutual Insurance as Subrogee for T. W. Sales (2×) also: Cited "see, e.g."
Tex. App. · 2009 · confidence medium
Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex 2007); Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 153 (Tex. 1994).
Retrieving the full opinion text from the archive…
Frank Maryan Brandstetter HUBICKI, Petitioner
v.
FESTINA, a Liechtenstein Foundation, Respondent
05-0357.
Texas Supreme Court.
Jun 1, 2007.
226 S.W.3d 405
Clifford A. Lawrence Jr., Clifford A. Lawrence, Jr., P.C., Houston, John Howell House, Burt Barr & Associates, L.L.P., Dallas, for Petitioner., Alan S. Loewinsohn, Carol E. Farquhar, Steven C. Wagner, Loewinsohn Flegle Deary L.L.P., Dallas, Douglas Alexander, Alexander Dubose Jones & Townsend, LLP, Austin, for Respondent.
Per Curiam.
Cited by 94 opinions  |  Published
PER CURIAM.

The trial court in this case authorized substituted service by first class mail and by certified mail, return receipt requested, on Frank Hubicki at a post office box associated with a house he owns in Mexico. Hubicki did not answer, and the court rendered a default judgment against him for actual and punitive damages. We hold that the plaintiff failed to demonstrate that the method of service the trial court authorized was reasonably effective to give Hubicki notice of the suit, and reverse the court of appeals’ judgment.

In August 2003, Festina, a Liechtenstein Foundation, sued Hubicki for breach of contract and fraud. Festina alleged that it had agreed to loan Hubicki more than $2 million with the understanding that the loan would be repaid in part from the proceeds of Casa Tranquilidad, a house in Acapulco that Hubicki owned, upon his death. It further alleged Hubicki had represented he would execute documents necessary to ensure that the proceeds of the sale of the house would be used to pay off the loan, but he refused to do so. Festina[*407] claimed Hubicki’s conduct was intentional, willful, and malicious, entitling Festina to unspecified punitive damages. Festina’s petition alleged Hubicki had a “residence address” in Dallas, and that he could be served at Casa Tranquilidad in Mexico.

A month and a half after filing its petition, Festina filed a motion for alternative service under Texas Rule of Civil Procedure 106(b). The motion asserted that a process server had attempted unsuccessfully to serve Hubicki by certified mail as provided in Rule 106(a)(2), and asked the comb to authorize Festina to serve Hu-bicki by first class mail at Casa Tranquili-dad. Festina attached an affidavit by its process server, Steven W. Thomas. Thomas attested that he had attempted to serve Hubicki by certified mail at Casa Tranquilidad, but that Hubicki had “failed or refused to receive the certified mail.” He further stated that

[t]he Defendant in this cause ... is currently in Mexico and can usually be found at Casa Tranquilidad, Club Resi-dencial Las Brisas, P.O. Box 1807, Acapulco Gro., 39300, Mexico where he resides when he is in Mexico.
[[Image here]]
If service of process were made by sending the process to Hubicki by regular mail ... he would be reasonably likely to receive the process because it would be delivered to his address without the necessity of being signed for or retrieved.

The trial court signed an order authorizing Festina to serve Hubicki by first class mail and by certified mail, return receipt requested. The order further provided that “[sjervice may be returned by the process server stating the date upon which such process was mailed ... and with U.S. Postal Service verification of the date of mailing the certified mail.” Thomas’s return of service verified that he sent Hu-bicki citation by first class mail and by certified mail, return receipt requested. [1]

When Hubicki failed to answer Festina’s suit, Festina moved for a default judgment. After a brief evidentiary hearing on causation and damages, the trial court entered judgment in Festina’s favor for $2,302,000 in actual damages, $4,000,000 in punitive damages, $37,210.12 in prejudgment interest and $37,000 in attorney’s fees. Six months later, Hubicki filed a notice of restricted appeal under Rule 30 of the Texas Rules of Appellate Procedure. The court of appeals affirmed the trial court’s judgment. 156 S.W.3d 897, 899.

Because Hubicki filed this restricted appeal within six months of the judgment and did not participate in the default hearing, the only question we must resolve is whether error is apparent on the face of the record. See Wachovia Bank of Del. v. Gilliam, 215 S.W.3d 848, 849 (Tex.2007). In a restricted appeal from a default judgment, no presumptions in favor of valid service are made. Id. at 850. Hubicki contends that error is apparent on the face of the record because the record fails to demonstrate that the alternative service the trial court authorized was reasonably effective to give him timely notice of the suit. We agree.

Rule 108a governs service of process upon parties in foreign countries. It provides for several methods of service, including in the manner provided by Rule 106. Service under Rule 108a “must be reasonably calculated, under all of the circumstances, to give actual notice of the proceedings to the defendant in time to answer and defend.” Tex.R. Crv. P.[*408] 108a(l). Under Rule 106(b)(2), a plaintiff who has unsuccessfully attempted to serve process by certified mail may seek leave to serve the defendant by alternative means. A motion under the rule must be supported by an affidavit showing that the alternative method of service “will be reasonably effective to give the defendant notice of the suit.” Tex.R. Civ. P. 106(b)(2). When citation is made by an alternative method of service under Rule 106(b), proof of service must be made in the manner ordered by the court. Tex.R. Crv. P. 107.

In State Farm Fire and Casualty Co. v. Costley, we held that substituted service by first class mail may be proper in some circumstances. 868 S.W.2d 298, 299 (Tex. 1993). But in that case, State Farm had made ten failed attempts to personally serve its insured. Id. at 298. State Farm presented evidence that the address was correct because it was the insured premises, and that the defendant was receiving State Farm’s regular mail at that address. Id. at 299. In this case, Festina made a single attempt to serve Hubicki under Rule 106(a) before moving for alternative service under Rule 106(b) and there is no evidence that Hubicki was actually receiving mail at the address Festina provided.

Furthermore, Thomas’s affidavit in support of Festina’s motion for alternative service, dated September 30, 2003, stated that Hubicki was “currently in Mexico” and “can usually be found at Casa Tran-quilidad ... when he is in Mexico.” But Festina did not attempt to serve Hubicki until almost a month later. And Festina’s petition alleges that Hubicki had a “residence address” in Dallas. Thus, there is no evidence that Hubicki was in Mexico at the time Festina attempted service there.

Festina argues that service was adequate because Rule 108a allows for service in accordance with Rule 106(a)(2), by registered mail, return receipt requested, and service by registered mail is listed by the State Department as one of three recognized methods for effecting service of process in Mexico. But Festina did not establish return of service by providing a return receipt with Hubicki’s signature, as Rule 107 contemplates when service is effected under Rule 106(a)(2). We have long demanded strict compliance with applicable requirements when a defendant attacks a default judgment. Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex.1990). Accordingly, even if a defendant has received actual notice of a pending lawsuit, a default judgment rendered upon defective service will not stand. Id. As we explained in Dunn, we rigidly enforce rules governing service when a default judgment is rendered because

the only ground supporting the judgment is that the defendant has failed to respond to the action in conformity with applicable procedure for doing so. If the defendant can then show that the person commencing the action was guilty of comparable nonconformity with procedural rules, under a principle of equality the derelictions offset each other and the merits of the controversy may be brought forward for consideration.

Id. at 837 (quoting Restatement (Seoond) of Judgments § 3 cmt. d (1982)).

Under these circumstances, as a matter of law, Festina failed to establish that alternative service at the Casa Tranquilidad address was reasonably calculated to provide Hubicki with notice of the proceedings in time to answer and defend. Therefore, pursuant to Rule 59.1 of the Rules of Appellate Procedure, without hearing oral argument, we reverse the court of appeals’ judgment and remand the case to the trial court.

1

. The receipts accompanying Thomas’s verification, however, showed service by registered, not certified, mail.