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APPLIED HEALTH CARE DIV., INC. v. LABORATORY CORP. OF AMERICA

No. 05-03-01442-CV.

138 S.W.3d 627 (2004)

APPLIED HEALTH CARE NURSING DIVISION, INC., Appellant, v. LABORATORY CORPORATION OF AMERICA, Appellee.

Court of Appeals of Texas, Dallas.

July 7, 2004.

Attorney(s) appearing for the Case

E. Michelle Bohreer, Boyar & Miller, P.C., Sesha Kalapatapu, Todd Jeffrey Zucker, Houston, for Appellant.

D. Kevin McCorkindale, Kasselman & McCorkindale, P.C., Plano, for Appellee.

Before Chief Justice THOMAS and Justices MORRIS and WHITTINGTON.

OPINION

Opinion by Justice MORRIS.

In this restricted appeal, Applied Health Care Nursing Division, Inc. challenges a default judgment rendered against it in the trial court below. Applied Health contends the record affirmatively shows that service of citation on it through the Texas Secretary of State did not strictly comply with the rules governing such service and, therefore, the default judgment cannot stand. After examining the record, we agree. We...

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