Foster v. Home Indemnity Co.

I cannot agree with the majority opinion; accordingly, I dissent. The majority holds that Patricia Foster’s first point of error is dispositive of the case. The point of error as stated by the majority is that “the trial court erred in granting summary judgment since there was an issue of fact as to: (1) whether due diligence was used to secure service of process.” Foster argues that Home Indemnity’s intent not to prosecute a suit “is evidenced by its lack of due diligence in failing to obtain service of process on her.” The majority accepts this assertion and states that there is sufficient…