3-2. Motions.When and for what purpose is each of the following motions made? Which of them would be appropriate if a defendant claimed that the only issue between the parties was a question of law and that the law was favorable to the defendants position? (SeeDismissals and Judgments before Trial.)
A motion for judgment on the pleadings.
A motion for a directed verdict.
A motion for summary judgment.
A motion for judgmentn.o.v.
3-9. A QUESTION OF ETHICS: Service of Process.
Narnia Investments Ltd. filed a suit in a Texas state court against several defendants including Harvestons Securities Inc. a securities dealer. (Securities are documents evidencing the ownership of a corporation in the form of stock or debts owed by it in the form of bonds.) Harvestons is registered with the state of Texas. Thus a party may serve a summons and a copy of a complaint on Harvestons by serving the Texas Securities Commissioner. In this case the return of service indicated that process was served on the commissioner by delivering to JoAnn Kocerek defendant in person a true copy of this [summons] together with the accompanying copy(ies) of the [complaint]. Harvestons did not file an answer and Narnia obtained a default judgment against the defendant for $365000 plus attorneys fees and interest. Five months after this judgment Harvestons filed a motion for a new trial which the court denied. Harvestons appealed to a state intermediate appellate court claiming that it had not been served in strict compliance with the rules governing service of process. [Harvestons Securities Inc. v. Narnia Investments Ltd. 218 S.W.3d 126 (Tex.App.Houston 2007)] (SeePretrial Procedures.)
Harvestons asserted that Narnias service was invalid in part because the return of service states that process was delivered to JoAnn Kocerek and did not show that she had the authority to accept process on behalf of Harvestons or the Texas Securities Commissioner. Should such a detail if it is required be strictly construed and applied? Should it apply in this case? Explain.
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