Legal Opinion · Concurrence

Biotrace International, Inc. v. Wilwerding

Texas Court of Appeals, 1st District (Houston)

Decided January 9, 1997No. 01-96-00216-CVPublished

1ConcurrenceMirabal, Justice

I concur on the basis that the face of the record does not show that the defendants were properly served with citation.

The record contains an Illimis form of summons (or citation) that recites “a copy of the summons and complaint” was served. The sheriff’s return does not show that the Texas form of citation was served on each defendant. This is critical because only the Texas form of citation provided information about the defendants’ deadline to file an answer in the trial court; the Illinois form did not provide any such information.

As far as we can tell from this record, the Illinois…

2Cases cited2 opinions

  1. Uvalde Country Club v. Martin Linen Supply Co.Texas Supreme Court · 1985
  2. Burns v. State, Texas Court of Appeals, 1st District (Houston)1994

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