Legal Opinion · Dissent

Auten v. DJ Clark, Inc.

Texas Court of Appeals, 14th District (Houston)

Decided November 2, 2006No. 14-05-00393-CVPublished

1DissentHudson, J.

Limitations statutes afford plaintiffs what the legislature deems a reasonable time to present their claims and protect defendants and the courts from having to deal with cases in which the search for truth may be seriously impaired by the loss of evidence, whether by death or disappearance of witnesses, fading memories, disappearance of documents or otherwise. Murray v. San Jacinto Agency, Inc., 800 S.W.2d 826, 828 (Tex.1990). Thus, the purpose of a statute of limitations is to establish a point of repose and to terminate stale claims. Id.

Moreover, the mere filing of suit will not interrupt…

2Cases cited3 opinions

  1. Murray v. San Jacinto Agency, Inc.Texas Supreme Court · 1991
  2. Kindle v. Wood County Electric Co-Op, Inc., Texas Court of Appeals, 12th District (Tyler)2004
  3. Proulx v. WellsCourt of Appeals of Texas · 2006

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