Ronald Gaile Stephens v. Turtle Creek Apartments

This is an appeal of a summary judgment granted for appellant's failure to use due diligence in serving appellee. Appellant
raises four points of error. We reverse the judgment of the trial court because appellant was not given proper notice as required
by Rule 166a(c). See Tex. R. Civ. P. 166a(c). Appellant, Ronald Gaile Stephens, was injured, allegedly, when he fell off a ladder on appellee's property on September 29,
1989. On September 27, 1991 appellant filed suit and requested that citation be issued on a Turtle Creek Apartments, Ltd.
in Port Arthur. On March 25, 1992 appellant filed a second petition requesting service through the Secretary of State because
appellant discovered that the general partner of the Turtle Creek Apartments, Ltd. in Port Arthur was dead. Appellee also
operates under the name Turtle Creek Apartments, but appellee is a general partnership located in Houston. It wasn't until
July 8, 1992 that appellant requested service on appellee. Service was ultimately achieved on January 14, 1993.