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