Legal Opinion

ISO Production Management 1982, Ltd. v. M & L Oil & Gas Exploration, Inc.

Texas Court of Appeals, 10th District (Waco)

Decided February 23, 1989No. 10-87-224-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

THOMAS, Chief Justice.

ISO Production Management 1982, LTD. (ISO LTD.), a limited partnership, appeals by a writ of error from a default judgment in favor of M & L Oil and Gas Exploration, Inc. and Mt. Calm Oil Development, Inc., plaintiffs. The judgment is void and will be reversed because the citation was not “directed to the defendant” as required by Rule 101. See Tex.R.Civ.P. 101. 1

M & L Oil and Mt. Calm Oil sued ISO LTD. in its assumed name. The petition directed service of the citation as follows:

Defendant, ISO Production Management 1982 Ltd. is a Texas Limited Partnership, whose…

2Cases cited5 opinions

  1. Dillard v. SmithTexas Supreme Court · 1947
  2. Haney v. Fenley, Bate, Deaton and PorterTexas Supreme Court · 1981
  3. Lemothe v. Cimbalista by GatesCourt of Appeals of Texas · 1951
  4. Stafford Const. Co., Inc. v. MartinCourt of Appeals of Texas · 1975
  5. Watts v. City of El PasoCourt of Appeals of Texas · 1944

3Cited by7 opinions

  1. Lawler v. Dallas Statler-Hilton Joint Venture, Texas Court of Appeals, 5th District (Dallas)1990
  2. Faggett v. Hargrove, Texas Court of Appeals, 1st District (Houston)1995
  3. Moore v. Simon Enterprises, Inc.District Court, N.D. Texas · 1995
  4. National Surety Corp. v. Anderson, Texas Court of Appeals, 1st District (Houston)1991
  5. Dale Roush Farms of Texas, and Tejas Farms, Ltd. v. Pantex Sales, Inc., Dba Graphic Equipment and Supply, Texas Court of Appeals, 7th District (Amarillo)2000

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