Foster v. Home Indemnity Co.

KINKEADE, Justice.

Patricia A. Foster appeals a take nothing judgment rendered in favor of the Home Indemnity Company. In two points of error, Foster contends that the trial court erred in granting summary judgment since there was an issue of fact as to: 1) whether due diligence was used to secure service of process; and 2) the amount of attorney’s fees. We hold that point of error one is dispositive of this cause; therefore, we reverse the judgment of the trial court and remand for a new trial.

Foster instituted this suit to mature an award by the Industrial Accident Board (IAB) dated February…