CITY OF MESQUITE v. BELLINGAR

No. 05-85-00246-CV.

701 S.W.2d 335 (1985)

CITY OF MESQUITE, Appellant, v. Elwyn and Laura BELLINGAR, Appellees.

Court of Appeals of Texas, Dallas.

December 9, 1985.


Attorney(s) appearing for the Case

Thomas L. Kelly, Jr., Patterson, Lamberty, Kelly & Stanford, Dallas, for appellant.

Sonja Staron, Dallas, for appellees.

Before SPARLING, MALONEY and DEVANY, JJ.


SPARLING, Justice.

The City of Mesquite appeals by writ of error a default judgment in favor of Elwyn and Laura Bellingar. In two points of error the City contends that the court below did not obtain personal jurisdiction over it since citation was not properly served upon any person designated by statute as agent for service. We agree and, accordingly, reverse and remand for trial.

The Bellingars alleged that a City employee drove a garbage dumpster into...

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