Houston Welding Supply Co, Inc. v. James "L.C." Johnson--Appeal from 113th District Court of Harris County
Annotate this CaseReversed and Remanded and Memorandum Majority and Dissenting Opinions filed November 30, 2004.
In The
Fourteenth Court of Appeals
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NO. 14-04-00205-CV
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HOUSTON WELDING SUPPLY CO., INC., Appellant
V.
JAMES AL.C.@ JOHNSON, Appellee
____________________________________________________
On Appeal from the 113th District Court
Harris County, Texas
Trial Court Cause No. 03-31661
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M E M O R A N D U M D I S S E N T I N G O P I N I O N
I respectfully dissent.
In reviewing the return of service, we should give a fair, reasonable and natural construction to its intent and meaning. Brown-McKee, Inc. v. J.F. Bryan & Assoc., 522 S.W.2d 958, 959 (Tex. App.CTexarkana 1975, no writ). I would hold that the record, as a whole, including the petition, citation and return, supports appellee=s assertion that appellant was properly served with process. See Regalado v. State, 934 S.W.2d 852, 854 (Tex. App.C Corpus Christi 1996, no writ)
/s/ Charles W. Seymore
Justice
Judgment rendered and Memorandum Majority and Dissenting Opinions filed November 30, 2004.
Panel consists of Chief Justice Hedges and Justices Hudson and Seymore. (Hedges, C.J., majority.)
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