Baker v. Monsanto Co.

The issue before us is whether interve-nors must serve citation on a defendant to stop the statute of limitations from running on their claims when the intervention is filed before the defendant has appeared to answer the plaintiffs’ original petition. After the plaintiffs filed their original petition, but before the defendant was served, intervenors petitioned the court to intervene. Although intervenors promptly notified defendant’s counsel of their intentions, they did not serve citation on the defendant. Two years later, defendant moved for summary judgment against the intervenors,…