Ins. Co. of the State of Pennsylvania v. Lejeune, 297 S.W.3d 254 (Tex. 2009). · Go Syfert
Ins. Co. of the State of Pennsylvania v. Lejeune, 297 S.W.3d 254 (Tex. 2009). Cases Citing This Book View Copy Cite
“for well over a century, this court has required that strict compliance with the rules for service of citation affirmatively appear on the record in order for a default judgment to withstand direct attack.”
317 citation events (317 in the last 25 years) across 8 distinct courts.
Strongest positive: in the Guardianship of James E. Fairley (texapp, 2020-03-11)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) in the Guardianship of James E. Fairley (3×) also: Cited as authority (quoted), Cited "see"
Tex. App. · 2020 · quote attribution · 2 verbatim quotes · confidence high
lejuene ii
examined Cited as authority (verbatim quote) in the Interest of A.R.A.-G. and C.J.A.-G., Children
Tex. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
for well over a century, this court has required that strict compliance with the rules for service of citation affirmatively appear on the record in order for a default judgment to withstand direct attack.
discussed Cited as authority (verbatim quote) Anna Maria Cancino v. Jason M. Cancino (2×) also: Cited as authority (rule)
Tex. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
strict compliance with the rules governing service of citation is mandatory if a default judgment is to withstand an attack on appeal.
cited Cited as authority (rule) Access Dental Management, LLC v. June's Boutique, LLC
txctapp13 · 2026 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009) (per curiam) (citing Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994) (per curiam)).
cited Cited as authority (rule) Nicholas Lind v. M3 Fort Worth Developer, LLC and the YoungESTone, LLC
txctapp10 · 2026 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (citing Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004)).
cited Cited as authority (rule) Unger Texas Stone, LP and Shelia Marie Unger v. Deere Credit, Inc.
txctapp11 · 2026 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009); Mandel v. Lewisville Indep.
cited Cited as authority (rule) M.K. Jackson Investments, Inc., Donna Neal Jackson and Jeramy Heath Jackson v. Richard Roland
txctapp6 · 2026 · confidence medium
Co. of State of Pennsylvania. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009) (per curiam), a case where there was no indication as to the hour of receipt of the 10 citation.
cited Cited as authority (rule) Alexis Pujols v. Angelita Medina Rivas
txctapp11 · 2026 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009); Mandel v. Lewisville Indep.
examined Cited as authority (rule) Javier Vasquez and RJT Commercial, Inc. v. Moises Tonche Vargas, Maria Vargas, Individually and as Next Friend of S.A v. and E.I v. Minors and Saul Vargas (3×)
Tex. App. · 2025 · confidence medium
Co. of State of Pennsylvania v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009); Tex. R.
cited Cited as authority (rule) Quality Operating Company, LLC, D/B/A Bob's Containers v. Tonica Maria Lomax
Tex. App. · 2025 · confidence medium
Co. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2000).
cited Cited as authority (rule) In the Matter of the Marriage of Raul Rodriguez Garcia and Elsa Gallegos Alvarado and in the Interest of A.R.G., a Child v. the State of Texas
Tex. App. · 2025 · confidence medium
Co. of State of Pennsylvania v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009).
discussed Cited as authority (rule) The Spritz Bar & Grill, LLC v. Cintas Corporation No.2 (2×) also: Cited "see"
Tex. App. · 2025 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009) (citing Primate Constr., 884 S.W.2d at 152 ); Mandel v. Lewisville Indep.
discussed Cited as authority (rule) In the Matter of the Marriage of Yolanda Salazar Baron and Jose Elias Baron Terrazas and in the Interest of E.N.B. and R.B., Children v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009); Midstate Envtl.
discussed Cited as authority (rule) In the Interest of F.H., a Child v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (quoting Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004)); see TEX.
cited Cited as authority (rule) Breanna Marie Hartin v. Philadelphia Indemnity Insurance Company
Tex. App. · 2024 · confidence medium
Co. of State of Penn. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009); Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); see TEX.
cited Cited as authority (rule) MCJ Engines, LLC and Mohit Jagwani v. Robert Kearney
Tex. App. · 2024 · confidence medium
Co. of State of Penn. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
discussed Cited as authority (rule) Leslie Garza v. Lelia H. Rodgers (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
Co. of Pa. v. 3 Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam).
cited Cited as authority (rule) Shamrock Enterprises, LLC D/B/A FRSTeam Gulfcoast/LA v. Top Notch Movers, LLC
Tex. App. · 2024 · confidence medium
Co. of the State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam); see TEX.
cited Cited as authority (rule) Rent to Own, LLC v. CR-FED Leasing, LLC
Tex. App. · 2024 · confidence medium
Co. of State of Penn. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam); In re B.H.B., 336 S.W.3d 303, 305 (Tex. App.—San Antonio 2010, pet. denied).
cited Cited as authority (rule) New Residential Mortgage, LLC v. Legacy Brokerage, LLC
Tex. App. · 2024 · confidence medium
Co. of State of Penn. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
cited Cited as authority (rule) In the Interest of H.L.M.S. and E.G.S., Children v. the State of Texas
Tex. App. · 2024 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam) (quoting Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994) (per curiam)).
cited Cited as authority (rule) Cor 1558 Properties, LLC v. Sunbelt Rentals, Inc.
Tex. App. · 2023 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam).
cited Cited as authority (rule) In the Matter of the Marriage of Dustin Beall and Camron Beall v. the State of Texas
Tex. App. · 2023 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam); Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); TEX.
cited Cited as authority (rule) Ryan Stancu v. Southern Methodist University
Tex. App. · 2022 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
cited Cited as authority (rule) Viaso Transportation Solutions, LLC and Avanza Construction & Earthwork, LLC v. Ancortex, Inc.
Tex. App. · 2022 · confidence medium
Co. of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
discussed Cited as authority (rule) Rina Sefrin Hutagaol v. Jaka Janaka (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009) (per curiam). 1 Rule 108a was amended effective December 31, 2020, and currently authorizes service on a party in a foreign country as provided by Rule 106(a), rather than by Rule 106 in its entirety, but neither party disputes that the previous version of the rule authorizing service as provided by Rule 106 in its entirety was in effect when Jaka attempted to serve Rina in this lawsuit.
cited Cited as authority (rule) Crystal Sherrard v. Signad, Ltd.
Tex. App. · 2021 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009); Telezone, Inc. v. Kingwood Wireless, 14-15-00742-CV, 2016 WL 7436813 , at *1 (Tex. App.—Houston [14th Dist.] Dec. 22, 2016, no pet.).
discussed Cited as authority (rule) Acadian Properties Austin, LLC v. Kjmonte Investments, LLC
Tex. App. · 2021 · confidence medium
STANDARD OF REVIEW A party can prevail in a restricted appeal only if: “(1) it filed its notice of restricted appeal within six months after the judgment was signed; (2) it was a party to the underlying suit; (3) it did not participate in the actual trial of the case and did not timely file any postjudgment motions or requests for findings of fact and conclusions of law; and (4) error is apparent on the face of the record.” Insurance Co. of the State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam); Collective Interests, Inc. v. Reagan Nat’l Advert., No. 03-08-00283-CV, 20…
cited Cited as authority (rule) Excel Residential Services, Inc. v. Evie Jackson as Court Appointed Guardian of JG, a Minor
Tex. App. · 2021 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009) (per curiam); see TEX.
cited Cited as authority (rule) Deutsche Bank National Trust Company as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc., Trust 2007-NC4 Mortgage Pass Through Certificates, Series 2007-NC4 v. Kindi Shepard
Tex. App. · 2021 · confidence medium
Co. of State of Penn. v. Lejeune, 2 297 S.W.3d 254, 255 (Tex. 2009); Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); see also TEX.
cited Cited as authority (rule) David L. Roberts D/B/A David Roberts Trucking v. Jay Fuller Enterprises, LLC D/B/A Fuller Environmental
Tex. App. · 2021 · confidence medium
Co. of State of Pennsylvania v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009); Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); see also TEX.
cited Cited as authority (rule) Tammy LeJune Heap-Welch v. David Mark Welch
Tex. App. · 2020 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
discussed Cited as authority (rule) EX PARTE E.H. v. the State of Texas
Tex. · 2020 · confidence medium
Co. of State of Penn. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam) (stating requirements are necessary to “prevail” on restricted appeal); Alexander, 134 S.W.3d at 848 (listing elements required to “prevail” on a restricted appeal); Primate Const., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994) (per curiam) (“In order to be entitled to reversal by writ of error, a party who did not participate at trial has six months in which to show error on the face of the record.”).
cited Cited as authority (rule) Ex Parte C.L.F.
Tex. App. · 2020 · confidence medium
Co. of the State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (quoting Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004)); TEX.
discussed Cited as authority (rule) Landry Robert Lloyd v. Kacy Jeanne Hensley
Tex. App. · 2020 · confidence medium
Co. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (citing Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994) (per curiam) and Uvalde Country Club v. Marin Linen Supply Co., 690 S.W.2d 884, 885 (Tex. 1985)).
discussed Cited as authority (rule) in the Interest of J.W., a Child (2×) also: Cited "see"
Tex. App. · 2020 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009); see also TEX.
cited Cited as authority (rule) Energy Search Company Inc., Donald Robuck and Sharyn Robuck v. RLI Insurance Company
Tex. App. · 2019 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009); Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); see Tex. R.
discussed Cited as authority (rule) Mukesh Bhakta v. Krisu Hospitality, LLC
Tex. App. · 2019 · confidence medium
Co. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (citing Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994) (per curiam) and Uvalde Country Club v. Marin Linen Supply Co., 690 S.W.2d 884, 885 (Tex. 1985)).
cited Cited as authority (rule) Berit McMillan and Gerald McMillan v. Tally Two Investment Group, LLC
Tex. App. · 2019 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009); see Tex. R.
cited Cited as authority (rule) in the Interest of S. C. B., Jr., a Child
Tex. App. · 2019 · confidence medium
TEX.R.APP.P. 26.1(c), 30; Insurance Company of State of Pennsylvania v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
cited Cited as authority (rule) Yolanda Patricia Gonzalez v. Irma Perez
Tex. App. · 2019 · confidence medium
Insurance Company of State of Pennsylvania v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
cited Cited as authority (rule) in the Interest of R.F. and S.F., Children
Tex. App. · 2019 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009); Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994) (per curiam); cf. Fid. & Guar.
discussed Cited as authority (rule) Priscilla Wyatt v. Anissa Delaine Deal, as Independent of the Estate of Sydney B. Wyatt (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009); Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994).
cited Cited as authority (rule) Ex Parte M.S.
Tex. App. · 2019 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
cited Cited as authority (rule) Daniel Daigrepont v. Holly Preuss
Tex. App. · 2019 · confidence medium
Co. of Pa . v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam).
examined Cited as authority (rule) Ex Parte: L.M.W. (4×) also: Cited "see, e.g."
Tex. App. · 2019 · confidence medium
Co. of State of Penn. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
cited Cited as authority (rule) Eco General Contractors LLC Dba Eco Roofing, and Richard Lack v. Lisa Goodale
Tex. App. · 2019 · confidence medium
Co. of State of Penn. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009) (per curiam).
cited Cited as authority (rule) Russell Edward Poster v. Brittany Harris Poster, and in the Interest of R. E. P. and A. J. P., Children
Tex. App. · 2019 · confidence medium
Co. of State of Penn. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009).
Retrieving the full opinion text from the archive…
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Petitioner,
v.
Edward LEJEUNE, Respondent
08-0829.
Texas Supreme Court.
Oct 30, 2009.
297 S.W.3d 254
Deanne C. Ayers, Julie Bruster Tebbets, Ayers & Ayers, Colleyville, TX, for Petitioner., Donald C. McLeaish, Law Office of McLeaish & Associates, Dallas, TX, Brandon Earl Manus, McLeaish & Associates, Duncanville, TX, Thomas B. “Tom” Co-wart, Wasoff & Cowart, PLLC, Dallas, TX, for Respondent.
Per Curiam.
Cited by 198 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Court of Appeals of Texas (1)
PER CURIAM.

In this case we consider whether a default judgment must be overturned because the clerk’s endorsement of the return of citation lacked the time of service, as required by Rules 16 and 105 of the Texas Rules of Civil Procedure. “For well over a century, this court has required that strict compliance with the rules for service of citation affirmatively appear on the record in order for a default judgment to withstand direct attack.” Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex.1994) (per curiam) (citing Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex.1990); Uvalde Country Club v. Martin Linen Supply Co., 690 S.W.2d 884, 885 (Tex.1985); McKanna v. Edgar, 388 S.W.2d 927, 929 (Tex.1965); Flynt v. Kingsville, 125 Tex. 510, 82 S.W.2d 934, 934 (Tex.1935); Sloan v. Batte, 46 Tex. 215, 216 (1876); Roberts v. Stockslager, 4 Tex. 307, 309 (1849)). Because we hold that the endorsement in this case did not satisfy Rules 16 and 105, we reverse the court of appeals’ judgment and remand the case to the trial court.

Edward Lejeune filed a workers’ compensation claim with his employer’s carrier, Insurance Company of the State of Pennsylvania, for an injury he stated he suffered on the job. Insurance Co. denied his claim, and the parties participated in a contested case hearing before the Division of Workers’ Compensation. The hearing officer found that Lejeune’s injury was not compensable. The Appeals Panel of the Division subsequently affirmed that decision. Lejeune then sought review in district court. After Insurance Co. failed to respond to the suit, Lejeune moved for, and was granted, a default judgment. Approximately five months later, Insurance Co. filed a notice of restricted appeal, alleging that Lejeune failed to comply with the venue and service of citation rules governing his claim. The court of appeals disagreed and affirmed the default judgment. 261 S.W.3d 852, 861 (Tex.App.-Texarkana 2008). Insurance Co. then petitioned for review in this Court. 52 Tex. Sup.Ct. J. 8 (Oct. 3, 2008).

A party can prevail in a restricted appeal only if:

(1) it filed notice of the restricted appeal within six months after the judgment was signed; (2) it was a party to the underlying lawsuit; (3) it did not participate in the hearing that resulted in the judgment complained of and did not timely file any postjudgment motions or requests for findings of fact and conclusions of law; and (4) error is apparent on the face of the record.

Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex.2004) (citing Tex. R.App. P. 26.1(c), 30, and Quaestor Inv., Inc. v. State of Chiapas, 997 S.W.2d 226, 227 (Tex.1999)). The only element at issue in this case is the fourth: whether there is error apparent on the face of the record. Insurance Co. argues that the clerk’s defective endorsement of the return of citation, which failed to include the hour of receipt of citation as required by the Texas[*256] Rules of Civil Procedure, constitutes error on the face of the record. [1] Texas Rule of Civil Procedure 16, which governs service of process in general, provides that “[e]very officer or authorized person shall endorse on all process and precepts coming to his hand the day and hour on which he received them.” Tex.R. Civ. P. 16. Rule 105, which governs service of citation, states that “[t]he officer or authorized person to whom process is delivered shall endorse thereon the day and hour on which he received it, and shall execute and return the same without delay.” Tex.R. Civ. P. 105.

Strict compliance with the rules governing service of citation is mandatory if a default judgment is to withstand an attack on appeal. Primate Constr., 884 S.W.2d at 152. Failure to comply with these rules constitutes error on the face of the record. Id. at 153 (“Proper service not being affirmatively shown, there is error on the face of the record, and the court of appeals erred in holding otherwise.”). Here, although Lejeune served Insurance Co. by certified mail, the record shows that the return of citation lacks the required notation showing the hour of receipt of citation. Lejeune’s default judgment, therefore, cannot stand. Accordingly, without hearing oral argument, Tex. R.App. P. 59. 1, we reverse the court of appeals’ judgment and remand the case to the trial court for further proceedings consistent with this opinion.

1

. Insurance Co. also argues that Lejeune's failure to bring suit in his county of residence at the time of his injury violated the Workers' Compensation Act, see Tex Lab.Code § 410.252(b), and that the record lacks proof that Lejeune complied with the Act's requirement that copies of the petition and judgment be served on the Division, see id. §§ 410.253(a), 410.258(a). Because we decide this case on the service of citation issue, we need not address these other arguments.