First Nat’l Bank v. Peterson – Case Brief Summary (Texas)

In First Nat'l Bank v. Peterson, 709 S.W.2d 276, 280 (Tex.App.--Houston 14th Dist. 1986, writ ref'd n.r.e.), the court found waiver based on statements made in the appellant's brief and in an affidavit filed in support of a motion for new trial that admitted the facts of service, not just receipt of suit papers. 709 S.W.2d at 280-81.

There, the bank's president averred in his affidavit in support of the bank's motion for new trial that he "was personally delivered" a copy of the pleading on a specific day, and the bank acknowledged in its appellate brief that the pleading was "served" on it on the day identified in the president's affidavit. Id. at 280.