Clayton Henry v. Lance A. Fest

• Court: Court of Appeals of Texas
• Decided: April 13, 2005
• Docket: 10-03-00313-CV
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-03-00313-CV

Clayton Henry,

                                                                      Appellant

 v.

Lance A. Fest,

                                                                      Appellee

From the 361st District Court

Brazos County, Texas

Trial Court # 03-001082-CV361

DISSENTING Opinion

          Is a piece of paper that we all know as a “green card” not a return of service because it is not on a form called “return” or “return of service”?  The issue here is simple.  Can a document be what it is, even if it does not have that label?

          Under the facts of this case, I believe the “green card,” having been signed upon its return by the clerk, and which contains all the requirements of a return, when affixed to the citation is a return even if it is not labeled as such.

          Thus, the error complained of is not apparent from the face of the record.  I would affirm the judgment.

                                                                   TOM GRAY

                                                                   Chief Justice

Dissenting opinion delivered and filed April 13, 2005