Baker v. Monsanto Co
In Baker v. Monsanto Co., 111 S.W.3d 158, 46 Tex. Sup. Ct. J. 1013 (Tex. 2003), the defendant, Monsanto Co., had not been served with citation by any plaintiff when the intervenors attempted to serve Monsanto's counsel. Id. at 159.
The law firm representing Monsanto expressly stated in a letter that they would not accept service on Monsanto's behalf. Plaintiffs subsequently served citation on Monsanto. Monsanto's counsel filed an answer, but only to "the petitions of those plaintiffs who have served Monsanto." Id.
The Texas Supreme Court held that Monsanto's subsequent appearance relieved the intervenors of serving Monsanto with a new citation.
In so holding, the Texas Supreme Court quoted approvingly:
"Citation is necessary when the intervenor asks affirmative relief against a defendant who has not appeared or a plaintiff who does not, by any action subsequent to the intervention, appear thereon. . . . 1 MCDONALD AND CARLSON, TEXAS CIVIL PRACTICE 5:81 at 609 (1992 ed.)." Id. at 160.