De Leon v. Gant

, OPINION

BIERY, Justice.

Ambrosia A. De Leon and Max M. Castillo, plaintiffs, appeal from a summary judgment granted in favor of Gary Douglas Gant, defendant. The trial court found that plaintiffs failed, as a matter of law, to use due diligence in serving the defendant with process, resulting in the running of the two year statute of limitations.

The statute of limitations is not tolled by merely filing suit. To toll the statute, a plaintiff must file suit within the limitation period and must also use diligence in having citation issued and served. Zale Corp. v. Rosenbaum, 520 S.W.2d 889, 890…