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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 16.064. Effect of Lack of Jurisdiction

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) The period between the date of filing an action in a trial court and the date of a second filing of the same action in a different court suspends the running of the applicable statute of limitations for the period if:

(1) because of lack of jurisdiction in the trial court where the action was first filed, the action is dismissed or the judgment is set aside or annulled in a direct proceeding;  and

(2) not later than the 60th day after the date the dismissal or other disposition becomes final, the action is commenced in a court of proper jurisdiction.

(b) This section does not apply if the adverse party has shown in abatement that the first filing was made with intentional disregard of proper jurisdiction.

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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 16.064. Effect of Lack of Jurisdiction - last updated April 14, 2021 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-16-064/

Read this complete Texas Civil Practice and Remedies Code - CIV PRAC & REM § 16.064. Effect of Lack of Jurisdiction on Westlaw

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