Tate v. Beal

OPINION

JOHN CAYCE, Chief Justice.

Danielle Tate appeals from a summary judgment for Joel Beal based on the statute of limitations. In a single issue, Tate complains that the summary judgment is improper because the evidence does not show as a matter of law that she failed to exercise due diligence in serving Beal with process. We will reverse and remand.

Tate seeks personal injury damages from Beal arising from his alleged negligent operation of a boat in which Tate was a passenger on July 4, 1999. Tate filed suit on July 2, 2001, three days before the two-year statute of limitations expired. 1…