Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of November 2, 2020.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Flanigan v. Nekkalapu, No. 02-20-00024-CV (Nov. 5, 2020) (Sudderth, C.J., joined by Womack and Wallach, JJ.).

Held:  It is the responsibility of the person requesting service, and not the process server, to see that the service is properly accomplished.  Accordingly, Appellant’s wholesale reliance on the process server to exercise due diligence did not constitute due diligence on her part as a matter of law, and summary judgment was appropriate for Appellee when the record showed unexplained delays between filing and service.