LOFTON v. ALLSTATE INS. CO.

No. 94-0993.

895 S.W.2d 693 (1995)

Ronnie LOFTON, Petitioner, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

March 30, 1995.


Attorney(s) appearing for the Case

James C. Plummer, Houston, Larry Zinn, San Antonio, for petitioner.

Stephen P. Pate, William J. Boyce, Houston, for respondent.


PER CURIAM.

The sole issue in this case is whether, in the absence of a postmark or a certificate of mailing, an attorney's uncontroverted affidavit may establish a date of mailing for compliance with TEX.R.APP.P. 4(b), commonly known as the mailbox rule. A majority of the Court holds that it can.

This case began when Lofton sued his insurance company for failing to provide insurance benefits. A jury returned a verdict in his favor. The trial court, allowing...

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