Beavers v. Darling

OPINION

JAMES, Justice.

This is a summary judgment case. The trial court granted a summary judgment in favor of Defendant-Appellee Linda Elaine Nutt Darling, that Plaintiff-Appellant Don Beavers take nothing, from which Plaintiff-Appellant Beavers appeals.

The sole question presented is whether or not Plaintiff-Appellant Beavers failed as a matter of law to exercise due diligence in securing service of citation upon Defendant-Appellee Mrs. Darling. We believe he did not so fail as a matter of law, and that a material fact issue concerning due diligence was presented. We therefore reverse and…