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BUTLER v. ROSS

No. 01-91-00210-CV.

836 S.W.2d 833 (1992)

Howard BUTLER, Jr., Appellant, v. James E. ROSS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 31, 1992.

Attorney(s) appearing for the Case

Howard Butler, Jr., pro se.

Harold D. Dampler, Gerald J. Goodwin, Houston, for appellee.

Before SAM BASS, DUGGAN and O'CONNOR, JJ.

OPINION

DUGGAN, Justice.

This is an appeal from a bench trial judgment awarding appellee, James E. Ross,1 damages incurred in an automobile collision with appellant, Howard Butler, Jr.

In a single point of error, appellant asserts that the trial court erred in failing to find that appellee's action was time barred because of failure to exercise due diligence in effecting service of process upon appellant. We agree, and...

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