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Motion was filed in county court. Provided the motion in the first class letter but I only received it yesterday and did not sign for the actual certified mail copy.
I says the letter was received July15th and the certificate of service says ' this is to certify that on the 11th day of July, 2013, a true and correct copy of plaintiff's Motion to Dismiss for Want of Prosecution was served on Defendant******** at Address by e-certified mail #9171969009350038397384 return receipt requested and First Class Mail.
How can it be served 4 days before the post office accepted it?
I also see that TX RCP under 91.a2 requires that the motion to dismiss must state that it is made pursuant to this rule. Their motion does not do that. it also says that it needs to be filed within 60 days after the first pleading containing the challenged cause of actionis served on the movant; 91a3(a)
They are well passed 90 days since they put in the initial pleading. (February)
Is it possible I can defeat their motion based on these?