Legal Opinion

Hubicki v. Festina

Texas Supreme Court

Decided June 1, 2007No. 05-0357PublishedCited by 79 opinions

1Per curiam

The trial court in this case authorized substituted service by first class mail and by certified mail, return receipt requested, on Frank Hubicki at a post office box associated with a house he owns in Mexico. Hubicki did not answer, and the court rendered a default judgment against him for actual and punitive damages. We hold that the plaintiff failed to demonstrate that the method of service the trial court authorized was reasonably effective to give Hubicki notice of the suit, and reverse the court of appeals’ judgment.

In August 2003, Festina, a Liechtenstein Foundation, sued Hubicki for…

2Cases cited4 opinions

  1. Wilson v. DunnTexas Supreme Court · 1991
  2. State Farm Fire and Casualty Co. v. CostleyTexas Supreme Court · 1993
  3. Wachovia Bank of Delaware, National Ass'n v. GilliamTexas Supreme Court · 2007
  4. Hubicki v. Festina, Texas Court of Appeals, 5th District (Dallas)2005

3Cited by79 opinions

  1. Texas Department of Public Safety v. Jacobs, Texas Court of Appeals, 5th District (Dallas)2008
  2. Orgoo, Inc. v. Rackspace US, Inc., Texas Court of Appeals, 4th District (San Antonio)2011
  3. Joyce Creaven v. Caroline Creaven, Texas Court of Appeals, 14th District (Houston)2018
  4. Asset Protection & Security Services, L.P. v. Virginia Armijo, Texas Court of Appeals, 8th District (El Paso)2019
  5. Levent Ulusal v. Lentz Engineering, L CCourt of Appeals of Texas · 2016

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