BANK OF AMERICA, NTSA v. Love

OPINION

CADENA, Chief Justice.

Appellant, Bank of America, appealed by writ of error a default judgment entered against it in appellee’s action alleging conversion, breach of contract and usury. We reverse.

Appellant complains that the trial court erred in granting a default judgment because service purportedly under the Texas long arm statute was insufficient to invoke the personal jurisdiction of the trial court.

The Texas long arm statute provides that a nonresident defendant may be served by substituted service on the secretary of state. TEX.CIV.PRAC. & REM.CODE ANN. § 17.044 (Vernon 1986).…