Proulx v. Wells

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that filing a suit within the limitations period does not stop the running of the limitations period “unless the plaintiff exercises due diligence in the issuance and service of citation”
• noting that defendant's efforts to avoid service is circumstance to consider in determining plaintiff's diligence
• noting that defendant’s efforts to avoid service is circumstance to consider in determining plaintiffs diligence
• holding “a timely filed suit will not interrupt the running of limitations unless the plaintiff exercises due diligence in the issuance and service of citation”
• acknowledging that Texas’s “jurisprudence has at times been less than clear in explaining the summary-judgment burden that inheres when the diligent-service question is presented”
• noting that defendant’s efforts to avoid service is circumstance to consider in determining plaintiff’s diligence

Source: CourtListener parenthetical corpus (CC0).