FERRER v. ALMANZA

No. 21-0513.

667 S.W.3d 735 (2023)

Sibel Onasis FERRER, Petitioner, v. Madalena Elizabeth ALMANZA, Isabella P. Almanza, and Albert Boone Almanza, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: April 28, 2023.


Attorney(s) appearing for the Case

David L. Plaut , Austin, Scott Blaney Talbott , Eric Scott Peabody , Austin, for Respondents.

Eric Houghton Marye , Dallas, for Petitioner.

Justice Huddle delivered the opinion of the Court, in which Chief Justice Hecht, Justice Boyd, Justice Devine, Justice Blacklock, Justice Bland, and Justice Young joined.


Section 16.063 of the Civil Practice and Remedies Code tolls the running of a statute of limitations during the "absence from this state of a person against whom a cause of action may be maintained." In Ashley v. Hawkins, this Court concluded that Section 16.063 does not apply, and the running of the relevant limitations period is not tolled, where the defendant permanently leaves Texas during the limitations period but remains subject to personal jurisdiction in Texas...

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