DE LEON v. GANT

No. 04-88-00459-CV.

773 S.W.2d 396 (1989)

Ambrosia A. DE LEON and Max M. Castillo, Appellants, v. Gary Douglas GANT, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied July 10, 1989.


Attorney(s) appearing for the Case

John D. Wennermark, San Antonio, for appellants.

J. Mark Craun, Akin, Gump, Strauss, Hauer & Feld, San Antonio, for appellee.

Before BUTTS, CHAPA and BIERY, JJ.


OPINION

BIERY, Justice.

Ambrosia A. De Leon and Max M. Castillo, plaintiffs, appeal from a summary judgment granted in favor of Gary Douglas Gant, defendant. The trial court found that plaintiffs failed, as a matter of law, to use due diligence in serving the defendant with process, resulting in the running of the two year statute of limitations.

The statute of limitations is not tolled by merely filing suit. To toll the statute, a plaintiff must...

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