Court of Civil Appeals of Texas, 2021

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
Court of Civil Appeals of Texas · Decided March 31, 2021

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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