Legal Opinion
Houston Crushed Concrete, Inc. v. Concrete Recycling Corp.
Court of Appeals of Texas
Decided June 2, 1994No. B14-92-00971-CVPublishedCited by 10 opinions
1Opinion of the Court
OPINION
SEARS, Justice.
The issues in this appeal are whether personal service of Appellants’ counterclaims against Appellees was required, and if so, whether Appellees waived the requirement by appearing to contest it. We find it was not, and that they did, and reverse and remand the cause for trial.
On January 23, 1989, Concrete Recycling Corporation, (CRC), filed suit against Houston Crushed Concrete, Inc., (HCC), and Richard Bumstead, for payment due on a note. Appellants answered with a general denial and alleged several affirmative defenses. Trial was set for May 12, 1992. On May 1, 1992,…
2Cases cited5 opinions
- Dodson v. Seymour, Texas Court of Appeals, 4th District (San Antonio)1983
- Warner v. Irving Lumber Co.Court of Appeals of Texas · 1979
- Allied First National Bank of Mesquite v. Jones, Texas Court of Appeals, 5th District (Dallas)1988
- Sandy International, Inc. v. Hansel & Gretel Children's Shop, Inc., Texas Court of Appeals, 5th District (Dallas)1989
- Zimmerer v. Smyrl, Texas Court of Appeals, 1st District (Houston)1983
3Cited by10 opinions
- Sherman v. BostonCourt of Appeals of Texas · 2016
- Davila v. World Car Five Star, Texas Court of Appeals, 4th District (San Antonio)2002
- A2Z Transportation Co., Inc. v. Ronald Thomas, Texas Court of Appeals, 5th District (Dallas)2022
- Alex R. Hernandez, Doing Business as Hernandez Bonding Company and Adan Floriano v. State, Texas Court of Appeals, 13th District2000
- Alex R. Hernandez, Doing Business as Hernandez Bonding Company and Fermin Herrera v. State, Texas Court of Appeals, 13th District2000
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