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WAGGONER v. SIMS

No. 06-12-00100-CV.

401 S.W.3d 402 (2013)

Leah WAGGONER, Appellant v. Danny Jack SIMS, Jr., Appellee.

Court of Appeals of Texas, Texarkana.

Decided: April 30, 2013.

Attorney(s) appearing for the Case

Sharron L. Cox , Moss & Cox Law Office, Bonham, for Appellant.

Stephen D. McKimmey , Suzanne I. Calvert & Associates, Dallas, for Appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

On May 22, 2009, Danny Jack Sims, Jr., collided the vehicle he was driving into one occupied by Leah Waggoner. On May 19, 2011 (three days before the statute of limitations expired), Waggoner sued Sims. Sims, who was confined in a Texas prison, was not served until March 15, 2012, approximately ten months after the statute of limitations expired. The trial court found the suit was time-barred and granted a summary judgment...

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