HOT SHOT MESSENGER SERVICE, INC. v. STATE

No. 3-90-224-CV.

818 S.W.2d 905 (1991)

HOT SHOT MESSENGER SERVICE, INC., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

November 6, 1991.


Attorney(s) appearing for the Case

Paul E. Knisely, Spivey, Grigg, Kelly & Knisely, Austin, for appellant.

Jim Mattox, Atty. Gen., Brian D. Mac-Leod, Asst. Atty. Gen., Collections Division, Austin, for appellee.

Before POWERS, JONES and SMITH, JJ.


PER CURIAM.

The Texas Business Corporation Act authorizes substitute service of citation on the secretary of state when a corporation's registered agent cannot be found with "reasonable diligence" at the corporation's registered office. Tex.Bus.Corp.Act Ann. art. 2.11(B) (1980). The issue presented is whether "reasonable diligence" may be inferred from notations on an unserved citation that bears no signature signifying the officer's return of the citation? Under...

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