Wan Bridge Group, LLC v. Western Star Concrete, LLC
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledSeptember 30, 2026
Docket10-26-00236-CV
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00236-CV
Wan Bridge Group, LLC,
Appellant
v.
Western Star Concrete, LLC,
Appellee
On appeal from the
40th District Court of Ellis County, Texas
Judge Bob Carroll, presiding
Trial Court Cause No. 118601
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Wan Bridge Group, LLC, filed a restricted appeal after a default
judgment was entered against it. Wan Bridge complains that the record does
not contain a “Whitney” certificate from the Texas Secretary of State showing
that citation was forwarded to Wan Bridge and the record does not show the
requirements for substituted service on the Texas Secretary of State were met.
Western Star Concrete filed a letter in lieu of an Appellee’s Brief in which it
concedes that the record does not contain a “Whitney” certificate and asks that
the appeal be reversed and remanded for a new trial.
“A restricted appeal permits a direct attack on a default judgment when
the deadline for filing an ordinary appeal has passed.” Shamrock Enterprises,
LLC v. Top Notch Movers, LLC, 728 S.W.3d 693, 696 (Tex. 2026) (citing TEX.
R. APP. P. 30). To prevail on a restricted appeal, an appellant must establish
that: (1) it filed notice of the restricted appeal within six months after the
judgment was signed; (2) it was a party to the underlying lawsuit; (3) it did not
participate in the hearing that resulted in the judgment complained of and did
not timely file any post-judgment motions or requests for findings of fact and
conclusions of law; and (4) error is apparent on the face of the record.
Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); see TEX. R.
APP. P. 26.1(c), 30; see also TEX. CIV. PRAC. & REM. CODE § 51.013. The face of
the record consists of all papers on file in the appeal, including the reporter’s
record. Norman Commc’ns v. Tex. Eastman Co., 955 S.W.2d 269, 270 (Tex.
1997).
The trial court’s judgment was signed on March 16, 2026. The notice of
appeal was filed in the trial court on June 11, 2026, which less than 6 months
after the judgment was signed. Wan Bridge was a party to the proceeding but
did not participate at the hearing that resulted in the default judgment and
Wan Bridge Group, LLC v. Western Star Concrete, LLC Page 2
did not file any post-judgment motions or a request for findings of fact. The
return of service shows that Appellee served process on the Secretary of State
on January 23, 2026, but does not show that the Secretary of State forwarded
the citation to Appellees.
When service is completed on the Secretary of State, the Secretary of
State is required to immediately forward a copy of the process to the most
recent address on file pursuant to the Texas Business Organizations Code. See
TEX. BUS. ORG. CODE §5.251, 5.253. When accomplished, the record must show
proof that service has been accomplished and that process was forwarded in
accordance with the statute.
Upon request and payment of a fee, the Secretary issues a certification
that it received the process and forwarded it to the registered agent’s address.
See Tex. Sec’y Of State, https://www.sos.state.tx.us/corp/service-of-
process.shtml (last visited Sept. 15, 2026); see also Acadian Props. Austin, LLC
v. KJMonte Invs., LLC, 650 S.W.3d 98, 111 (Tex. App.—El Paso 2021, no pet.).
This certificate is known as a “Whitney certificate,” based on the Texas
Supreme Court’s 1973 opinion in Whitney v. L&L Realty Corp. See 500 S.W.2d
94 (Tex. 1973). Wan Bridge argues that the lack of a “Whitney certificate”
shows error on the face of the record. Western Star agrees that the record does
Wan Bridge Group, LLC v. Western Star Concrete, LLC Page 3
not contain the “Whitney certificate” and asks that the judgment be reversed
and remanded to the trial court.
Our review of the record also shows that there was no “Whitney
certificate” in the record, which establishes error on the face of the record. See
Am. Servs. U.S., LLC v. Identity Built, LLC, No. 01-23-00540-CV, 2025 Tex.
App. LEXIS 2956 at *23 (Tex. App.—Houston [1st Dist.] May 1, 2025, pet.
denied) (lack of “Whitney certificate” shows error on the face of the record.).
Accordingly, Wan Bridge’s first issue is sustained. Because it is undisputed
that Wan Bridge has established the elements necessary to prevail on a
restricted appeal because Wan Bridge was not shown to have been properly
served with citation in this proceeding, we do not reach Wan Bridge’s second
issue regarding the propriety of service on the Secretary of State.
Conclusion
Having found that the parties agree that Wan Bridge has established the
requirements for a restricted appeal, we reverse the judgment of the trial court
and remand this cause to the trial court for further proceedings.
STEVE SMITH
Justice
Wan Bridge Group, LLC v. Western Star Concrete, LLC Page 4
OPINION DELIVERED and FILED: September 30, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Reversed and remanded
CV06
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