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Higginbotham v. General Life & Accident Insurance Company – Case Brief Summary (Texas)

In Higginbotham v. General Life & Accident Insurance Company, 796 S.W.2d 695, 696 (Tex. 1990) the supreme court noted that the trial court has express authority to allow amendment of the return of citation.

In Higginbotham, the record affirmatively showed service of citation, and the trial court entered a formal order that service had been accomplished.

The Higginbotham court determined that the order signed by the trial court was "tantamount to an order amending the return." Id.

Ultimately, the court limited its holding to cases where there is a record showing strict compliance with a valid method of service and an order expressly amending the return or an order that is tantamount to an order amending the return. Id. at 697.