Michael De La Garza v. Kyle Dunn D/B/A Texas Seceding Land and Capital, LLC
Michael De La Garza v. Kyle Dunn D/B/A Texas Seceding Land and Capital, LLC
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED MARCH 31, 2021
NO. 03-19-00849-CV
Michael De La Garza, Appellant v. Kyle Dunn d/b/a Texas Seceding Land and Capital, LLC, Appellee
APPEAL FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES BAKER AND TRIANA REVERSED AND REMANDED -- OPINION BY JUSTICE TRIANA
This is an appeal from the “Final Judgment by Default Against Michael De La Garza” signed by the trial court on August 27, 2019. Having reviewed the record and the parties’ arguments, the Court holds that there was reversible error in the court’s judgment. The Court concludes that the substitute service executed on June 18, 2019, did not strictly comply with the district court’s order permitting such service. Therefore, the Court reverses the final default judgment and remands this cause to the district court for further proceedings. Appellee shall pay all costs relating to this appeal, both in this Court and in the court below.
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