Auten v. DJ Clark, Inc.

OPINION

CHARLES W. SEYMORE, Justice.

Appellants, Evelyn Auten and Eldon Au-ten (“the Autens”), sued appellees, D.J. Clark, Inc. d/b/a Double Arches Corporation, Donald E. Clark, and Janet C. Clark (collectively “the Clarks”), for personal injuries. The Autens filed suit before limitations expired, but they did not serve the Clarks until more than a year after limitations expired. The trial court granted summary judgment in favor of the Clarks on the ground that the Autens’ suit was barred by the statute of limitations because they did not exercise due diligence to serve the Clarks. In their…