Elizabeth Thomas v. Meritage Homes of Texas LLC. F/K/A Meritage Homes of Texas L.P., F/K/A Legacy Monterey Homes L.P. MTH Lending Group L.P., F/K/A Meritage Lending Service Primary Residential Mortgage Inc., D/B/A F/K/A Flagstone Lending Group Stewart Title Company, MTH Ti
01-15-00863-CV
| Tex. App. | Nov 19, 2015Background
- Appellant Elizabeth Thomas appeals after a TRO and injunction-related proceedings in Harris County, involving Codilis & Stawiarski P.C. and its employee Mary M. Speidel.
- The dispute concerns service of process and the court’s jurisdiction over Codilis & Stawiarski and related parties.
- Thomas seeks mediation-related relief and asks the appellate court to affirm jurisdiction over the appellees.
- Appellees argue proper service and a general appearance which permits the court to proceed.
- The record includes affidavits of service, a temporary restraining order, and notices of injunction hearings with multiple appearances by defense counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was service on Codilis & Stawiarski P.C. proper to confer jurisdiction? | Thomas asserts proper service was made. | Codilis argues service was improper or insufficient. | Service made or proper under rules; jurisdiction not lacking. |
| Did Codilis & Stawiarski P.C.'s appearance amount to a general appearance waiving jurisdiction defenses? | Thomas argues no waiver occurred. | Appellees invoked court power and sought dismissal. | Appellees' actions constituted a general appearance, limiting jurisdictional challenges. |
| Does the appellate record establish the court had jurisdiction over the mediation-related dispute? | Thomas contends lack of jurisdiction undermines mediation proceedings. | Appellees relied on service and appearance to sustain jurisdiction. | Court retains jurisdiction based on proper service and/or general appearance. |
Key Cases Cited
- Dosamantes v. Dosamantes, 500 S.W.2d 233 (Tex. Civ. App.—Texarkana 1973) (service effectiveness and acceptance rules)
- Smith, 672 S.W.2d 617 (Tex. 1984) (general appearance: when a party invokes judgment on questions beyond jurisdiction)
- Dawson–Austin v. Austin, 968 S.W.2d 319 (Tex. 1998) (general appearance and waiver of jurisdiction defenses)
- Exito Elecs. Co. v. Trejo, 142 S.W.3d 302 (Tex. 2004) (determines when a general appearance occurs under Rule 120a(1))
- Texas Industries, Inc. v. Sanchez, 521 S.W.2d 133 (Tex.Civ.App.—Dallas 1975) (service and execution of process)