Legal Opinion

Dolly v. Aethos Communications Systems, Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided January 6, 2000No. 05-99-00257-CVPublishedCited by 47 opinions

1Opinion of the Court

OPINION

Opinion By Justice MOSELEY.

Appellee, Aethos Communications Systems, Inc. (“Aethos”), sued appellant, Kirk Dolly (“Dolly”). The trial court ordered substituted service of citation pursuant to Texas Rule of Civil Procedure 106. Aet-hos allegedly served Dolly pursuant to the court’s order. Dolly did not answer the suit, and Aethos took a default judgment against Dolly. In this restricted appeal, Dolly asserts, inter alia, that the return of service of citation is fatally defective. We agree and reverse the trial court’s judgment and remand this cause to the trial court for further…

2Cases cited10 opinions

  1. Primate Construction, Inc. v. SilverTexas Supreme Court · 1994
  2. McKanna v. EdgarTexas Supreme Court · 1965
  3. Barker CATV Construction, Inc. v. Ampro, Inc., Texas Court of Appeals, 1st District (Houston)1999
  4. Seib v. Bekker, Texas Court of Appeals, 12th District (Tyler)1997
  5. Broussard v. DavilaCourt of Appeals of Texas · 1961

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3Cited by47 opinions

  1. Westcliffe, Inc. v. Bear Creek Construction, Ltd., Texas Court of Appeals, 5th District (Dallas)2003
  2. Reynold A. Vespa v. National Health Insurance Company, Texas Court of Appeals, 2nd District (Fort Worth)2003
  3. Renaissance Park v. Davila, Texas Court of Appeals, 3rd District (Austin)2000
  4. in the Interest of M.C.B., Texas Court of Appeals, 5th District (Dallas)2013
  5. In Re Spiller, Texas Court of Appeals, 10th District (Waco)2010

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