PNS STORES, INC. v. RIVERA

No. 10-1028.

379 S.W.3d 267 (2012)

PNS STORES, INC., d/b/a MacFrugal's Bargain Closeouts d/b/a/ MacFrugals, Inc., Petitioner, v. Anna E. RIVERA as Next Friend for Rachael Rivera, Respondent.

Supreme Court of Texas.

Decided August 31, 2012.


Attorney(s) appearing for the Case

Peter D. Kennedy , Graves Dougherty Hearon & Moody PC, Austin, TX, for Amicus Curiae CSC — Lawyers Incorporating Service Company.

David A. Oliver, Jr. , Paul Brown Kerlin , Tiffany Sue Bingham, Vorys, Sater, Seymour and Pease LLP, Houston, TX, for Petitioner PNS Stores, Inc.

Bernard Wm. Fischman , Attorney at Law, Richard Tinsman , Daniel J.T. Sciano , Tinsman & Sciano, Inc., San Antonio, TX, Kimberly S. Keller , Keller Stolarczyk PLLC, Boerne, TX, for Respondent Rivera, Anna E.


Justice GUZMAN delivered the opinion of the Court.

In this appeal from a summary judgment dismissal of a direct and collateral attack, the petitioner, PNS Stores, Inc., contends the underlying judgment is void and subject to collateral attack at any time. In this regard, PNS argues that the trial court rendering the default judgment never acquired personal jurisdiction over it because the service of process was defective. Alternatively, PNS argues that its adversary...

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