Garrels v. Wales Transportation, Inc – Case Brief Summary (Texas)

In Garrels v. Wales Transportation, Inc., 706 S.W.2d 757 (Tex. App.-Dallas 1986, no writ), the plaintiff's unsworn motion for substituted service stated a particular address was the defendant's home address, but the supporting affidavit did not include such a statement. Id. at 758-59; see Tex. R. Civ. P. 106.

Concluding the unsworn motion was insufficient, the Court stated that before the trial court may order substituted service under rule 106, "there must be evidence of probative value that the location stated in the affidavit is the defendant's usual place of business or usual place of abode or other place where the defendant can probably be found." Id. at 759.