John Reed, Jr. v. Farmers Insurance Group ( 2015 )

June 9, 2015 THIRD COURT OF APPEALS AT AUSTIN THIRD DISTRICT OF TEXAS COURT OF APPEALS NUMBER: 03-14-00485 TRIAL COURT CASE NUMBER: 259,941-C STYLE: JOHN REED JR. V. FARMERS INS. GROUP ET AL. JUU 09 Ml5 APPELLANT MOTION FOR THE APPEAL COURT _. >f.^'-V Tn nFTFp lvfTNP jiroismrTTf»N TO THE HONORABLE JUDGES OF SAID COURT: Appellant request this court to determine whether the trial court had jurisdiction over the said cause of action and appellant would show the court his reason below for such request: I Appellant states that Rule 108 of the TRCP demand that when a district clerk serve an out of state defendant via certified mail, return requested receipt the return of service must bore the clerk's stamp and be verified, (see Kostechko V Mazaheri) With this being previously rule on as confirmed in the Dallas Court OfAppeals namely Strict Compliance it appears appellant have been deprived of obtaining a Default Judgement in his favor by the District Clerk. Furthermore it appears that the trial court never had jurisdiction to enter a proper judgement in this cause of action, therefore appellant believe the trial court judgement should be void according to the strict compliance since the Citation was sent to Farmers Insurance Group in Oklahoma City, Oklahoma which is a out-of-state defendant. Also the Return fail to state the agent that signed the return was actually an agent at the rime ofsigning the Return, which is required. Appellant request this Honorable Court to make a determination of Jurisdiction involving the body of this motion. Q*L tks&%» > Respe°tfilllySubmi^ John Reed Jr. TOln fillis Marffn Jr. 715 SO. 32nd Street 1318 SO> 2nd Street Temple, Texas 76501 Temple, Texas 76504 7D1S DbHD DDDl MDDb flb73 P;Oi &sf i^$ -?B"? 1132547