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Olympia Marble & Granite v. Mayes5/4/2000
App.-San Antonio 1987, no writ) (upheld substituted service at an address where defendant's children lived and it was shown that other communications reached him by delivery at the same place); Alvarez v. Alvarez, 476 S.W.2d 353, 359 (Tex. App.-Corpus Christi 1972, no writ) (record showed it was impractical to secure personal service on husband after he moved to Mexico City; trial court upheld substituted service by leaving petition at his place of business because this was reasonably effective to give him notice of divorce action). Although we do not disagree with the holdings in Walker, Magan, and Alvarez, the facts here are distinguishable from the facts in those cases.
Here, it is clear from the affidavit that 427 Bayou Cove was not Bissias's usual place of business or abode. Therefore, for service at 427 Bayou Cove to be valid, this address had to be another place where he could be found or service at that address had to be reasonably calculated to give him notice of the suit. The affidavit does not indicate Bissias would return to 427 Bayou Cove over the Christmas holidays; it merely states he would return "to the United States." Even if Bissias had returned to 427 Bayou Cove over the Christmas holidays, the order for substituted service was signed on January 3, 1995, after the holidays had passed. There is nothing in the affidavit to indicate whether Bissias would be at 427 Bayou Cove after the holidays.
Therefore, service at 427 Bayou Cove was not reasonably calculated to give Bissias notice of the suit.
We sustain issue three. Because we sustain issues one and three, we do not address issue two.
We reverse the trial court's judgment and remand for further proceedings.
Publish. Tex. R. App. P. 47.
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