Ashley v. Hawkins
In Ashley v. Hawkins, 293 S.W.3d 175, 177 (Tex. 2009) the plaintiff served the defendant under the longarm statute; thus, the Texas Supreme Court was squarely presented with the question of "whether section 16.063 of the Texas Civil Practice and Remedies Code tolls the limitations period when a defendant leaves Texas following a motor vehicle collision, but is otherwise amenable to out-of-state service." See id.
It concluded that "a defendant is 'present' in Texas, for purposes of the tolling statute, if he or she is amenable to service under the general longarm statute, as long as the defendant has 'contacts with the state sufficient to afford personal jurisdiction.'" Id. at 179.
The court held that section 16.063 did not toll the limitations period. Id.