David Yates - 3/26/12 - The Southeast Texas Record
Because she allegedly refused to open the door, a Beaumont judge is allowing a process server to tack a lawsuit to defendant Brandy Plair's front door.
As previously reported, Waysie Jensen, an officer with the Beaumont Police Department, filed suit against Royale and Brandy Plair on Dec. 30 in Jefferson County District Court, alleging Royale Plair struck his vehicle twice while fleeing a domestic disturbance scene.
Court records show that on Jan. 24 a motion for substitute service was filed, stating that Brandy repeatedly refused to answer her door for the process server, even though there were clear signs she was home.
That same day, Judge Donald Floyd, 172nd District Court, granted the motion, granted the process server permission to tack the plaintiff's petition on Brandy's door or leave it with an adult over the age of 16.
Read the rest of the story:
Motion to substitute service granted in officer's injury suit
Showing posts with label texas process server. Show all posts
Showing posts with label texas process server. Show all posts
Monday, March 26, 2012
Tuesday, May 12, 2009
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."
Read the story:
Defendant Was Properly Served, Texas Court Says
--------------------------------
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."
Read the story:
Defendant Was Properly Served, Texas Court Says
--------------------------------
Subscribe to:
Posts (Atom)