Legal Opinion
in Re Judith Shoemaker Gibson
Texas Court of Appeals, 6th District (Texarkana)
Decided October 24, 2017No. 06-17-00085-CVPublishedCited by 5 opinions
1Opinion of the Court
OPINION
Jack Carter, Justice
The day before the statute of limitations ran, Suzanne Jean Shelby sued Judith Shoemaker Gibson for alleged damages sustained in an October 23, 2015, motor vehicle accident. She did not, however, properly serve Gibson until April 11, 2017. Gibson filed a motion to dismiss, alleging that Shelby had not exercised due diligence in serving Gibson with citation. The trial court denied Gibson’s motion. Gibson now petitions this Court for mandamus relief, asking us to compel the trial court to dismiss Shelby’s suit. We deny Gibson’s request.
I. Mandamus Standard
To be…
2Cases cited15 opinions
- Walker v. PackerTexas Supreme Court · 1992
- In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
- In Re Cerberus Capital Management, L.P.Texas Supreme Court · 2005
- Murray v. San Jacinto Agency, Inc.Texas Supreme Court · 1991
- In Re Team Rocket, L.P.Texas Supreme Court · 2008
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3Cited by5 opinions
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