Court of Appeals of Texas, Fourth District, San Antonio
the County Court at Law No. 3, Bexar County, Texas Trial
Court No. 20417CV05199 Honorable Karen Crouch, Judge
Sitting: Rebeca C. Martinez, Justice Beth Watkins, Justice
Liza A. Rodriguez, Justice
A. Rodriguez, Justice.
John Loan Price ("Price") files this restricted
appeal from a default judgment entered against him in a
breach of contract dispute. Because Price has not
demonstrated error is apparent on the face of the record, we
affirm the default judgment.
MG Building Materials, Ltd. ("MG") sued Price in
the trial court for breach of a contract to purchase building
materials and related services. After multiple failed
attempts to serve Price at 216 Mountain Echo, San Antonio,
Texas 78260, MG filed a motion for substitute service. The
trial court granted the motion, and ordered:
[S]ervice of citation may be made on [Price], by the officer
leaving a copy of citation, with Plaintiff's Original
Petition with anyone over the age of 18 found at 216 Mountain
Echo, San Antonio, Texas 78260 or by attaching such process
to the door, gate or entry way at the address of 216 Mountain
Echo, San Antonio, Texas 78260.
clerk's record contains a return of service and attached
affidavit, both dated March 26, 2018. In the affidavit, the
process server states under oath:
Documents: CITATION; PLAINTIFF'S ORIGINAL PETITION
. . . I, [process server], being duly sworn, depose and say:
. . . Delivery of said documents occurred in the following
By delivering to: John Loan Price - by posting . . .
Address of Service: 216 Mountain Echo, San Antonio, Texas
Date of Service: March 23, ...