Jeremiah A. Martin v. Federal National Mortgage Association
04-15-00233-CV
| Tex. App. | Apr 16, 2015Background
- Judgment in forcible detainer issued Feb 3, 2015 in favor of appellee; appeal perfected Feb 9, 2015.
- Defendant/appellant Jeremiah Martin and attorney did not receive the TRCP 143a notice of costs.
- TRCP 143a notice was mis-delivered; return receipt signed by someone other than the attorney or his staff.
- Attorney James Minerve operates a home office; mail receipt could only be received by him or his two assistants.
- Presumption of receipt under certified mail TRCP 21a vanishes when nonreceipt proof is offered; appeal and supersedeas bond remain in effect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did defendant receive the TRCP 143a notice? | Martin received proper notice | No receipt; presumption rebutted | No; notice not proven as received |
Key Cases Cited
- Cliff v. Huggins, 724 S.W.2d 778 (Tex. 1987) (nonreceipt evidence defeats presumed notice under Rule 21a)
- Southland Life Ins. Co. v. Greenwade, 159 S.W.2d 854 (Tex. 1942) (presumption of receipt may be rebutted by nonreceipt proof)