Legal Opinion

Bass v. TEXAS ASS'N OF SCHOOL BOARDS

Texas Court of Appeals, 13th District

Decided October 4, 2001No. 13-99-820-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

Opinion by

Justice DORSEY.

This case involves a single issue. That is, “When a party appealing a decision by the workers’ compensation board files suit within the statutory time period but does not name and serve the correct defendant within that time period, can the statute of limitations be tolled by the doctrine of misidentification?” We hold that it can, disagreeing with the holdings of Johnson v. United Parcel Service, 36 S.W.3d 918 (Tex.App.—Dallas 2001, pet. denied), Roberts v. Tarrant County Junior College, 842 S.W.2d 835, 836-37 (Tex.App.—Fort Worth 1992, writ denied) and Garcia…

2Cases cited12 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Gibbs v. General Motors CorporationTexas Supreme Court · 1970
  3. State Farm Fire & Casualty Co. v. S.S.Texas Supreme Court · 1993
  4. Enserch Corp. v. ParkerTexas Supreme Court · 1990
  5. Continental Southern Lines, Inc. v. HillandTexas Supreme Court · 1975

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3Cited by6 opinions

  1. Flour Bluff Independent School District v. BassTexas Supreme Court · 2004
  2. Vikie A. Leblanc v. Everest National Insurance Company, Texas Court of Appeals, 13th District2003
  3. Maher v. HerrmanCourt of Appeals of Texas · 2002
  4. ASSOCIATION OF SCHOOL BOARDS, INC. v. BassTexas Supreme Court · 2002
  5. Bass, Margaret v. Texas Association of School Boards and Flour Bluff Independent School District, Texas Court of Appeals, 13th District2002

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