GANT v. DeLEON

No. C-8976.

786 S.W.2d 259 (1990)

Gary Douglas GANT, Petitioner, v. Ambrosia A. DeLEON and Max M. Castillo, Respondents.

Supreme Court of Texas.

Rehearing Denied April 25, 1990.


Attorney(s) appearing for the Case

J. Mark Craun, Stephan B. Rogers, San Antonio, for petitioner.

John D. Wennermark, San Antonio, for respondents.


PER CURIAM.

The issue presented is whether the unexplained failure to serve process on a defendant for periods totaling more than three years establishes lack of diligence as a matter of law. The trial court held that it did; the court of appeals held that it did not. We agree with the trial court.

Plaintiffs Ambrosia A. DeLeon and Max M. Castillo sued Gary Douglas Gant for personal injuries and property damage incurred in an automobile accident which occurred...

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