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WACHOVIA BANK OF DELAWARE, N.A. v. GILLIAM

No. 05-0903.

215 S.W.3d 848 (2007)

WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION f/k/a First Union National Bank of Delaware, Petitioner, v. Marjorie GILLIAM and Patsy Charline Fowler, Respondents.

Supreme Court of Texas.

February 9, 2007.

Attorney(s) appearing for the Case

Peter D. Curran, Diana Estala Stevens, Mann & Stevens, P.C., Houston, for Petitioner.

James S. Chapman, Chapman & Chapman, Waxahachie, for Respondents.

PER CURIAM.

When a default judgment is challenged by restricted appeal, there are no presumptions in favor of valid service. See Fid. & Guar. Ins. Co. v. Drewery Const. Co., 186 S.W.3d 571, 573 (Tex.2006). In this case, substituted service was based on statutes requiring papers to be forwarded to the defendant's "home office" or "principal office," but nothing in the record shows they were. As the court of appeals erred...

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