Legal Opinion
In Interest of RDC
Texas Court of Appeals, 11th District (Eastland)
Decided November 30, 1995No. 11-95-031-CVPublishedCited by 13 opinions
1Opinion of the Court
OPINION
McCLOUD, Senior Justice (Retired).
The question in this case is whether a nonanswering defendant must be personally served with a new or second citation if the plaintiff amends the original petition and alleges a new cause of action or seeks a more onerous judgment in the amended petition. We hold that a new citation is not required if the plaintiff complies with Tex.R.Civ.P. 21 and 21a.
On October 7, 1994, the maternal grandparents of R.D.C., a two-year-old child, filed suit seeking temporary custody of the child and seeking to be named temporary managing conservators. Petitioners…
2Cases cited9 opinions
- Weaver v. Hartford Accident & Indemnity Co.Texas Supreme Court · 1978
- Payne & Keller Co. v. WordCourt of Appeals of Texas · 1987
- Smith v. Amarillo Hospital District, Texas Court of Appeals, 7th District (Amarillo)1984
- Havens v. Ayers, Texas Court of Appeals, 1st District (Houston)1994
- Sanchez v. Texas Industries, Inc.Court of Appeals of Texas · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- in the Interest of E.A. and D.A., ChildrenTexas Supreme Court · 2009
- Mandel v. Lewisville Independent School District, Texas Court of Appeals, 2nd District (Fort Worth)2014
- Southwest Construction Receivables, Ltd. v. Regions Bank, Texas Court of Appeals, 6th District (Texarkana)2005
- Advanced Messaging Wireless, Inc. v. Campus Design, Inc., Texas Court of Appeals, 7th District (Amarillo)2005
- In Re EATexas Supreme Court · 2009
8 more not listed; retrieve them via the Exa API.