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Price v. MG Building Materials, Ltd.

Court of Appeals of Texas, Fourth District, San Antonio

July 17, 2019

John Loan PRICE, Appellant
v.
MG BUILDING MATERIALS, LTD., Appellee

          From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 20417CV05199 Honorable Karen Crouch, Judge Presiding

          Sitting: Rebeca C. Martinez, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

          MEMORANDUM OPINION

          Liza A. Rodriguez, Justice.

         Appellant 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.

         Background

         Appellee 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.

         The 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 manner:
By delivering to: John Loan Price - by posting . . .
Address of Service: 216 Mountain Echo, San Antonio, Texas 78260
Date of Service: March 23, ...

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