WATER SPLASH, INC. v. MENON

CERTIORARI TO THE COURT OF APPEALS OF TEXAS, FOURTEENTH DISTRICT

Petitioner Water Splash sued respondent Menon, a former employee, ina Texas state court, alleging that she had begun working for a competitor while still employed by Water Splash. Because Menon resided in Canada, Water Splash obtained permission to effect service by mail.  After Menon declined to answer or otherwise enter an appearance, the trial court issued a default judgment for Water Splash.That court subsequently denied Menon’s motion to set aside the judgment on the ground that she had not been properly served. Menon appealed, arguing that service by mail does not “comport with the requirements of the Hague Service Convention.” Ibid. The Texas Court of Appeals majority sided with Menon and held that the Convention prohibits service of process by mail.