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DEPT. OF AGING AND DISABILITY v. MERSCH

No. 01-13-00021-CV.

418 S.W.3d 736 (2013)

TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES, Appellant v. Carol MERSCH, Appellee.

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

December 10, 2013.

Attorney(s) appearing for the Case

Darius R. Porter , Houston, TX, for Appellant.

Burton G. Manno , Daniel W. Jackson , The Jackson Law Firm, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices BLAND and HUDDLE.

OPINION

JANE BLAND, Justice.

Through mistakes in interpreting and executing local electronic service rules, the Texas Department of Aging and Disability Services (DADS) managed to timely file a response to a motion for summary judgment, but untimely serve it. DADS explained its mistakes in an affidavit from the legal staff entrusted with service of the filing and rectified the faulty service as soon as it was...

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