AMERICAN BANKERS INSURANCEFROM A DISTRICT COURT COMPANY OF FLORIDA APPELLANT, v. OF THE STATE OF TEXAS APPELLEE

COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
AT DALLAS
NO. 05-87-00449-CV
AMERICAN BANKERS INSURANCEFROM A DISTRICT COURT
COMPANY OF FLORIDA
 
        APPELLANT,
 
v. OF
 
THE STATE OF TEXAS
 
        APPELLEE. DALLAS COUNTY, TEXAS
 
 
 
BEFORE CHIEF JUSTICE ENOCH AND
JUSTICES BAKER AND WHITTINGTON
OPINION BY JUSTICE BAKER
JUNE 26, 1989
        American Bankers Insurance Company of Florida, d/b/a Amigo Bail Bonds, seeks to set aside a bond forfeiture default judgment by way of writ of error under Rule 45 of the Texas Rules of Appellate Procedure. We grant the petition for writ of error, set aside the default judgment, and reverse and remand the case for trial.
        The four elements necessary for review by writ of error are: (1) the petition must be brought within six months of the date of judgment; (2) by a party to the suit; (3) who did not participate in the trial; and (4) error must be apparent from the face of the record. Stubbs v. Stubbs, 685 S.W.2d 643, 644 (Tex. 1985); Brown v. McLennan County Children's Protective Services, 627 S.W.2d 390, 392 (Tex. 1982). The record reflects that the first three criteria have been met, and the sole question to be decided is whether error is apparent on the face of the record.
        In a single point of error, American asserts that the trial court erred in rendering the default judgment because it was not properly served with citation; therefore, the trial court lacked personal jurisdiction over it. American's complaint is that the record fails to reflect the issuance, service, and return of citation in accordance with the law. See American Bankers Ins. Co. of Florida v. State, 749 S.W.2d 195, 196 (Tex. App.--Houston [14th dist. 1988], no writ). We agree with American.
        American argues that because the transcript contains no citation with return of service as to it, the trial court was without in personam jurisdiction to render the default judgment. The transcript in this case reflects that there is no citation with an officer's return reflecting service on American. The State has failed to favor us with any response in this case. We accept petitioner's brief and the transcript filed as accurately representing the facts. See TEX. R. APP. P. 74(f); In re R. R., 714 S.W.2d 25, 27 (Tex. App.--Amarillo 1986, no writ).
        In order to sustain a default judgment which is directly attacked by writ of error, it is essential that there be strict compliance with the Rules of Civil Procedure relating to the issuance of citation, the manner and mode of service, and the return of the process. McKanna v. Edgar, 388 S.W.2d 927, 929 (Tex. 1965). There are no presumptions in favor of valid issuance, service, and return of citation in the face of a writ of error attack on a default judgment. Uvalde Country Club v. Martin Linen Supply Co., 690 S.W.2d 884, 885 (Tex. 1985); McKanna, 388 S.W.2d at 929. The failure to affirmatively show strict compliance with the Rules of Civil Procedure renders the attempted service of process invalid and of no effect. Uvalde Country Club, 690 S.W.2d at 885.
        We hold that the record failed to show that the trial court had personal jurisdiction over appellant. Pursuant to Texas Rules of Appellate Procedure 75(f), without hearing oral argument, we grant the petition for writ of error, set aside the default judgment, and reverse and remand the cause for trial.
 
                                                  
                                                  JAMES A. BAKER
                                                  JUSTICE
 
 
DO NOT PUBLISH
TEX. R. APP. P. 90
                                                
87-00449.F
 
 
File Date[09-07-89]
File Name[870449F]