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AUTEN v. DJ CLARK, INC.

No. 14-05-00393-CV.

209 S.W.3d 695 (2006)

Evelyn AUTEN and Eldon Auten, Appellants, v. DJ CLARK, INC., d/b/a Double Arches Corporation, Donald E. Clark, and Janet C. Clark, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

November 2, 2006.

Attorney(s) appearing for the Case

Sanford B. Kahn, Houston, for appellants.

Andrea N. Moore, Houston, for appellees.

Panel consists of Justices HUDSON, FOWLER, and SEYMORE.

OPINION

CHARLES W. SEYMORE, Justice.

Appellants, Evelyn Auten and Eldon Auten ("the Autens"), sued appellees, D.J. Clark, Inc. d/b/a Double Arches Corporation, Donald E. Clark, and Janet C. Clark (collectively "the Clarks"), for personal injuries. The Autens filed suit before limitations expired, but they did not serve the Clarks until more than a year after limitations expired. The trial court granted summary judgment in favor of the Clarks on the ground...

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