In its only opinion released this Friday, the Texas Supreme Court slightly revised a previous opinion addressing the interaction of longarm jurisdiction and statute of limitations tolling.
Kerlin vs. Sauceda, No. 05-0653 (Tex. Aug. 29, 2008)(Substituted opinion by O'Neill)
(claim to oil and gas royalties, claims time-barred, no tolling of limitations)
The Court reverses the court of appeals' judgment and renders judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice
Medina, Justice Green, and Justice Johnson joined.
The record conclusively establishes that the Ballis could have discovered Kerlin’s
wrongful conduct through the exercise of reasonable diligence. In addition, the statute of limitations was not tolled because, under the general longarm statute, Kerlin was present in the state. Accordingly, the statute of limitations bars the Ballis’ claims. We reverse the court of appeals’ judgment and render judgment for Kerlin.
GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI CORP. v.
CONCEPCION SAUCEDA, ET AL.; from Cameron County; 13th district
(13-01-00062-CV, 164 SW3d 892, 06-09-05)
petitioners' motion to consolidate dismissed as moot
Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett
joined.
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