Does Filing Same Suit In a Different Court Suspend Statute of Limitations ?
Under section 16.064 of the Texas Civil Practice and Remedies Code, 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 statute of limitations if:
(1) the trial court dismissed the original case because of lack of jurisdiction;
(2) the parties refile the lawsuit in a proper forum within sixty days after the date of dismissal. See id.
In general, when a plaintiff interposes a suspension statute, the summary judgment movant's limitations defense is not conclusively established until the movant meets his burden of negating the applicability of the suspension statute. See Zale Corp. v. Rosenbaum, 520 S.W.2d 889, 891 (Tex. 1975).