Legal Opinion

Stankiewicz v. Oca

Court of Appeals of Texas

Decided May 6, 1999No. 2-98-346-CVPublishedCited by 23 opinions

1Opinion of the Court

OPINION

TERRIE LIVINGSTON, Justice.

The issue on this restricted appeal is whether appellee Jesus Oca failed to strictly comply with the rules relating to issuance of citation. Because he did not, we affirm.

Background

Oca sued appellant for injuries resulting from an automobile accident. Oca’s five attempts to personally serve appellant failed. On Oca’s motion for substituted service and supporting affidavit, the court ordered substitute service by leaving the citation at appellant’s probable residence “with anyone over the age of sixteen (16) years of age.”

According to the return, the process…

2Cases cited8 opinions

  1. Gee v. Liberty Mutual Fire Insurance Co.Texas Supreme Court · 1989
  2. Primate Construction, Inc. v. SilverTexas Supreme Court · 1994
  3. McKanna v. EdgarTexas Supreme Court · 1965
  4. DSC Finance Corp. v. MoffittTexas Supreme Court · 1991
  5. Laidlaw Waste Systems, Inc. v. Wallace, Texas Court of Appeals, 10th District (Waco)1997

3 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Gold v. GoldTexas Supreme Court · 2004
  2. Reynold A. Vespa v. National Health Insurance Company, Texas Court of Appeals, 2nd District (Fort Worth)2003
  3. In the Interest of E.K.N.Court of Appeals of Texas · 2000
  4. Laas v. Williamson, Texas Court of Appeals, 9th District (Beaumont)2005
  5. Glenn Alexander Clamon v. Jeffrey Delong and Dennis HolmesCourt of Appeals of Texas · 2015

18 more not listed; retrieve them via the Exa API.

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