The State of Texas, Petitioner v. Bristol Hotel Asset Company, Nomura Asset Capital Corporation, and Comptroller Of…

Summary

The Texas Supreme Court held that an executed return of service filed with special commissioners in a condemnation proceeding is prima facie evidence that notice of the hearing was properly served, reversing the appellate court and remanding for further proceedings. The Court distinguished prior authority and applied the statutory requirements of §21.016 and Rule 21a. Justice BAKER dissented, arguing the return is hearsay, the trial court did not err in excluding the witness, and the dismissal was not a death‑penalty sanction.