Legal Opinion

Armandina Coronado Salazar v. Daniel Pena

Texas Court of Appeals, 8th District (El Paso)

Decided October 17, 2024No. 08-23-00298-CVPublished

1Opinion of the Court

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ARMANDINA CORONADO SALAZAR, § No. 08-23-00298-CV Appellant, § Appeal from the v. § 83rd Judicial District Court DANIEL PENA, § of Val Verde County, Texas Appellee. § (TC# 33874) MEMORANDUM OPINION In this appeal of a summary judgment, we confirm the well-established, but sometimes harsh distinction between the misnomer and misidentification of party defendants when it rubs against statutes of limitations. While the Appellant here timely filed her original petition, she named and served the wrong defendant. She then failed to serve the…

2Cases cited24 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. KPMG Peat Marwick v. Harrison County Housing Finance Corp.Texas Supreme Court · 1999
  3. Brownlee v. BrownleeTexas Supreme Court · 1984
  4. Perry Homes v. CullTexas Supreme Court · 2008
  5. Computer Associates International, Inc. v. Altai, Inc.Texas Supreme Court · 1996

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