Case of the Week

Service Of Process Was Defective.

Finding that H had violated temporary orders in a divorce case, the trial
court placed him in jail for 180 days for criminal contempt 7 180 days for
civil contempt. H filed a petition for a writ of habeas corpus in the
Court of Appeals seeking to have the trial court’s orders declared void.
Held: H’s request for a writ of habeas corpus was granted, & the Court of
Appeals ordered his release from confinement & from all obligations
related to his confinement. Because the affidavit of the process server
wholly failed to support the motion for substituted service (H was working
in Iraq but received mail at his mother’s home), the trial court never
acquired personal service over H. Because they are void, the Court of
Appeals set aside the trial court’s temporary orders in this case, as well
as any orders of contempt & commitment based upon the temporary orders.

The full-text court opinion is available at:
http://www.texasbarcle.com/CLE/CDGetOpinion.asp?lOpinionID=8564

Add comment February 2nd, 2008