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Potter v. Giron5/4/2000
to March 29, 1997.
Despite appellant's assertion that constant and continuous actions occurred in the attempts to serve appellee, the record reflects two time periods, one for over six months and one for one month, for which appellant offers no explanation or evidence of attempts to serve appellee. Because these two periods constitute lack of diligence by appellant as a matter of law, we need not address whether appellant has offered reasonable explanation and excuses for the failure to serve appellee when attempts were made in July and August of 1996 and February of 1997.
We hold that the record establishes as a matter of law appellant's lack of diligence in obtaining service of citation upon appellee. The trial court's rendition of summary judgment on this ground is affirmed.
Do not publish. Tex. R. App. P. 47.
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