Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Mexico

Case of the Day: In re JR

Posted on March 5, 2019

The case of the day is In re JR (Tex. Ct. App. 2019). The Texas Department of Family and Protective Services sought to terminate the parental rights of a father over his child in Texas. The father resided in Mexico. His address was unknown, so the court authorized “service by posting,” which is what Texas calls notification au parquet. The summons, apparently, is “posted” at the courthouse. The case went to trial, and the father moved for a directed verdict on the grounds that he had not been properly served with trial. At some point, the Department uncovered the father’s address in Mexico, though it’s not really clear when that happened. The court denied the motion and ruled against the father on the merits,…

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Case of the Day: Navarro v. Tufesa USA

Posted on February 26, 2019

The case of the day is Navarro v. Tufesa USA LLC (D. Utah 2019). Plasida Navarro, a Mexican national residing in Utah (it brought an action in the Utah state courts aganst Tufesa, an LLC with its principal place of business in Arizona and a “John Doe” defendant, whose citizenship was unknown. Tufesa filed a notice of removal on grounds of diversity. Navarro moved for leave to amend the complaint and to replace the “John Doe” defendant with Abundio Guadalupe Miranda, a Mexican national. Tufesa did not object. But later, the court and the parties discovered that the addition of Miranda destroyed diversity jurisdiction, because there is no diversity jurisdiction when aliens are both plaintiffs and defendants. Navarro moved to remand the case to…

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Case of the Day: Wright v. Old Gringo

Posted on July 31, 2018

The case of the day is Wright v. Old Gringo Inc. (S.D. Cal. 2018). The plaintiff wanted to serve process on the defendant in Mexico and brought a motion to appoint a particular “vendor” as “international process server.” “Plaintiff has diligently explored all service options,” the plaintiff’s motion intoned, “and determined that the only manner in which [Defendant] may be served in a valid manner is via extra-territorial service via the [Hague Convention].”

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