Service Lloyds Insurance Co. v. Cook

OPINION

COHEN, Justice.

The issue before us is whether former Tex.Rev.Civ.Stat.Ann. art. 8307, § 5 (Vernon 1967), repealed by Act of January 1, 1991, 71st Leg., 2nd C.S., ch. 1, § 16.01(10) to (12), 1989 Tex.Gen.Laws 114, 114, requires a petitioner seeking to set aside an Industrial Accident Board award to use due diligence in serving citation. The trial judge ruled for appellee because appellant had not used due diligence to serve appel-lee with citation. We hold that due diligence to serve citation is not required, and that in any event, appellant was diligent. Thus, we reverse and remand.

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