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ASHLEY v. HAWKINS

No. 07-0572.

293 S.W.3d 175 (2009)

Gail ASHLEY, Petitioner, v. Doris D. HAWKINS, Respondent.

Supreme Court of Texas.

Decided June 26, 2009.

Rehearing Denied August 28, 2009.

Attorney(s) appearing for the Case

Kimberley M. Spurlock, Carrie Holman Westbrook, Clara Ines Medina, The Spurlock, Law Firm, Humble, TX, R. Brent Cooper, Diana L. Faust, Cooper & Scully, P.C., Dallas, TX, for Petitioner.

James B. Manley, James B. Manley, P.C., Cleveland, TX, for Respondent.

Rance L. Craft, James C. Ho, David S. Morales, Office of Atty. Gen., Clarence Andrew Weber, First Asst. Atty. Gen., Greg W. Abbott, Atty. Gen., Austin, TX, for Amicus Curiae.

Justice GREEN delivered the opinion of the Court.

In this case, we consider whether section 16.063 of the Texas Civil Practice and Remedies Code tolls the limitations period when a defendant leaves Texas following a motor vehicle collision, but is otherwise amenable to out-of-state service. We hold, consistent with our recent decision in Kerlin v. Sauceda, 263 S.W.3d 920 (Tex.2008), that section 16.063 does not apply in these...

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