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ALCALA v. WILLIAMS

No. 04-94-00826-CV.

908 S.W.2d 54 (1995)

Gilbert ALCALA, Appellant, v. James D. WILLIAMS, Appellee.

Court of Appeals of Texas, San Antonio.

October 4, 1995.

Attorney(s) appearing for the Case

John D. Wennermark, Thomas B. Moseley, III, San Antonio, for Appellant.

Laura Richmond Cole, Frank R. Rivas & Associates, San Antonio, for Appellee.

Before RICKHOFF, LOPEZ, and HARDBERGER, JJ.

LOPEZ, Justice.

Gilbert Alcala, Appellant, challenges the trial court's decision to grant a plea in abatement and dismiss his personal injury suit filed against James Williams, Appellee. We find that the trial court's decision to dismiss the lawsuit should be reversed and the case reinstated.

The suit is based on an automobile accident that occurred in December of 1992. A private process server attempted to serve Williams on February 21, 1994. A return was...

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