Public-domain · open source
OpenJurist

Tex. Civ. Prac. & Rem. Code § 16.064

EFFECT OF LACK OF JURISDICTION

Applied in 65 court decisions — leading case Grupo Dataflux v. Atlas Global Group, L. P. (2004)

Most recently applied in Sanders v. Boeing Company (May 2024)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

19871990200020102020202460
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.