Milan G. Marinkovich & Associates, PLLC

READ ABOUT our latest jury trial verdict in Harris County, Texas on FEBRUARY 20, 2019, where Milan obtained $300,000.00  against the defendant in a sexual assault case involving a 7-year old child.

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APRIL 18, 2019

Court of Appeals for the First District of Texas on appeal

from 215th District Court, Harris County, Texas

Milan represented the Defendant/Appellee who was sued as a result of a rear-end collision which occurred on June 6, 2015. The Defendant/Appellee was served with the lawsuit after the two-year statute of limitations expired. Milan raised the affirmative defense of "statute of limitations" on behalf of his client. He argued that while the lawsuit was timely filed, the Plaintiff/Appellant did not serve his client until after the statute expired, and that the Plaintiff/Appellant could not prove "due diligence" in both the issuance of citation and the service of citation as a matter of law. Pursuant to Proulx v. Wells, 235 S.W.3d 213, 215 (Tex. 2007), Milan contended that a timely filed suit does not suspend the running of limitations unless the Plaintiff exercises due diligence in the issuance and service of citation, and  specifically argued:

1. The statute of limitations expired on June 6, 2017;

2. The Defendant/Appellee was not served with the Original Petition until September 14, 2017 - 100 days after the expiration of the limitations period;

3. Plaintiff/Appellee first requested service of process on June 9, 2017,  which was 10 days after filing the Original Petition and 3 days after the limitations expired.

The 215th District Court agreed with Milan's arguments and dismissed Plaintiff's/Appellant's lawsuit with prejudice based on the affirmative defense of Statute of Limitations and an appeal followed. The Court of Appeals for the First District of Texas (No. 01-18-00122-CV) overruled all 5 points of error raised by the Plaintiff/Appellant, affirmed the final order of the trial court, and ordered the Plaintiff/Appellant to pay all appellate costs.

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