Defendant Was Properly Served, Texas Court Says

By JEFF GORMAN - Courthouse News Service - May 7, 2009

A Texas man was properly served notice of a lawsuit when the process server attached the papers to his front door after four unsuccessful attempts to serve the defendant at his home, a Texas appeals court ruled. The court refused to grant the defendant a new trial.

Hollerman Development tried to serve Marco Padilla with a breach of contract lawsuit at his home four times. The motion court allowed the process server to attach the papers to the front door, but Padilla found the "beat up" papers in the bushes.

Padilla's lawyer advised him that he had not been properly served and to take a wait-and-see approach. Hollerman won a default judgment.

Padilla moved for a new trial, but the lower court denied his motion. Judge Stone of the San Antonio-based 4th District Court of Appeal upheld the decision.

"Padilla was properly served with Hollerman's complaint," Stone wrote, "and his mistaken reliance on his attorney's advice does not excuse his failure to respond in some way to the lawsuit."

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Defendant Was Properly Served, Texas Court Says

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