Butler v. Ross

OPINION

DUGGAN, Justice.

This is an appeal from a bench trial judgment awarding appellee, James E. Ross, 1 damages incurred in an automobile collision with appellant, Howard Butler, Jr.

In a single point of error, appellant asserts that the trial court erred in failing to find that appellee’s action was time barred because of failure to exercise due diligence in effecting service of process upon appellant. We agree, and conclude that the evidence establishes lack of diligence in obtaining service of citation as a matter of law. We reverse and render.

The suit arose out of an automobile collision…