600 Commerce
Commercial Litigation
in the Dallas Court
of Appeals

Default Judgment Extinguished

May 15, 2024

The facts of Lawton Candle v. BG Personnel were as follows:

  1. Lawton Candle is an LLC organized under Oklahoma law. It is not registered to do business in Texas and does not have a registered agent in Texas.
  2. BG Personnel sued Lawton Candle in Dallas.
  3. BG Personnel had process served on Lawton Candle’s registered agent in Tulsa.
  4. BG Personnel obtained a default judgment against Lawton Candle.

Lawton Candle filed a restricted appeal, arguing that under Texas law, the only acceptable means of service on a foreign entity is via the Texas Secretary of State. The Fifth Court agreed – rejecting BG Personnel’s argument that no Texas law foreclosed service in the above manner – and vacated the default judgment. No. 05-23-00449-CV. (May 13, 2024).