Legal Opinion

J.D. Auto Corp. v. Michael H. Bell

Texas Court of Appeals, 8th District (El Paso)

Decided October 13, 2023No. 08-22-00187-CVPublished

1Opinion of the Court

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JD AUTO CORP., § No. 08-22-00187-CV Appellant, § Appeal from the v. § 384th Judicial District Court MICHAEL H. BELL, § of El Paso County, Texas Appellee. § (TC# 2021DCV0743) DISSENTING OPINION I respectfully dissent. I would have concluded JD Auto’s collateral attack fails to establish a due process violation as to both the reasonable-diligence inquiry and sufficiency of substituted service. In my view, Bell exercised reasonable diligence to personally serve JD Auto before moving for substituted service. Though the majority concludes…

2Cases cited5 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Dusenbery v. United StatesSupreme Court of the United States · 2002
  3. In the Interest of E.R.Texas Supreme Court · 2012
  4. Luessenhop v. Clinton CountyCourt of Appeals for the Second Circuit · 2006
  5. United States v. 125.2 Acres of LandCourt of Appeals for the First Circuit · 1984

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