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Per Curiam.pdf

2007-06-01.pc.pdf
Preview of Per Curiam
🔗 Source: docs.texasappellate.com
📊 Size: 51 KB
👤 Author: Osler McCarthy
⬇️ Downloads: 91

Summary

The Supreme Court of Texas reversed the court of appeals' judgment, holding that the plaintiff, Festina, failed to demonstrate that the method of service authorized by the trial court was reasonably effective to give the defendant, Frank Hubicki, notice of the suit. Festina had attempted to serve Hubicki by certified mail at his post office box in Mexico, but the court found that there was no evidence that Hubicki was actually receiving mail at that address, and that the service was not made in accordance with the applicable rules. The court also noted that Festina had only made a single attempt to serve Hubicki under Rule 106(a) before moving for alternative service under Rule 106(b), and that there was no evidence that Hubicki was in Mexico at the time Festina attempted service there. As a result, the default judgment against Hubicki was reversed.

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Description

The Supreme Court of Texas reversed the court of appeals' judgment, holding that the plaintiff, Festina, failed to demonstrate that the method of service...

Technical Information

  • File Format: PDF
  • File Size: 51 KB
  • Pages: 5
  • Language: EN
  • Author: Osler McCarthy
  • Total Downloads: 91
  • Last Updated: 6 days ago

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