dissenting.
I respectfully dissent. Because I agree with appellant’s first ground of error that the criminal trial court lacked jurisdiction over appellant because of the failure to give proper notice in the certifying juvenile court, I would reverse.
Appeal is taken from the criminal action in the district court, rather than from the transfer order of the certifying juvenile court. Appellant’s contention that the certifying juvenile court lacked jurisdiction, however, although a collateral attack, is properly before us. Transfer orders from the juvenile court may be collaterally attacked if there was no jurisdiction in the juvenile court. Johnson v. State, 551 S.W.2d 379 (Tex.Cr.App.1977). The failure of the certifying juvenile court to give proper notice of transfer proceedings deprives that court of jurisdiction and, in turn, deprives the criminal trial court of jurisdiction. Johnson v. State, 594 S.W.2d 83 (Tex.Cr.App.1980); Grayless v. State, 567 S.W.2d 216 (Tex.Cr.App.1978); Johnson v. State, 551 S.W.2d 379 (Tex.Cr.App.1977). The question, therefore, is whether the certifying juvenile court gave proper notice of the transfer proceedings to appellant. I would hold that it did not.
At the outset I note that because juvenile transfer proceedings are civil proceedings, summonses may be served either under Tex.R.Civ.P. 15, which provides for service by a sheriff or constable, or under Tex.Fam. Code Ann. § 53.07(c) (Vernon 1975). That section provides:
(a) If a person to be served with a summons is in this state and can be found, the summons shall be served upon him *612personally at least two days before the day of the adjudication hearing. . . .
(c) Service of the summons may be made by any suitable person under the direction of the court.
Appellant concedes, and the record reflects, that he was personally handed a summons by Rex Uberman, a juvenile probation officer.1 Appellant argues, however, that because the record doés not include any order of the court allowing service by the probation officer, or any person other than a sheriff or constable, the service of the summons was defective and the certifying juvenile court thus lacked jurisdiction to conduct transfer proceedings and to transfer his case to the criminal trial court. This argument is well taken. By requiring that service be made by a “suitable person under the direction of the court,” section 53.07 clearly contemplates that the juvenile court exercise supervisory powers over the person who is to serve the summons. Without an order by the trial court finding a particular person or a particular class of persons suitable and without an order by the trial court directing that service be given by such a suitable person or a particular class of persons, such as probation officers, either as a procedure to be customarily followed in that court, or in a particular case, I cannot agree that the mandate of section 53.07 has been complied with. Cf. P. Bosco & Sons Contracting Corp. v. Conley, Lott, Nichols Machinery Co., 629 S.W.2d 142 (Tex.App.—Dallas 1982, writ ref’d n.r.e.) (Postcard notice of a trial setting does not satisfy the requirements of Tex.R.Civ.P. 21a in the absence of either a general or specific order of the trial court that postcard notice may be used). Because there is no affirmative showing in the record that appellant was served with summons by a suitable person under the direction of the court, I would hold that the certifying juvenile court and, in turn, the criminal trial court lacked jurisdiction over appellant.
. Because the state chose to attempt service under the family code, our opinion is limited to service in that situation and is inapplicable to situations in which a juvenile is served by a sheriff or constable under Tex.R.Civ.P. 15.