When does Texas suspend limitations after a jurisdictional dismissal and refiling?

Establish the first action’s filing and qualifying dismissal, or judgment set aside or annulled in a direct proceeding, because of lack of jurisdiction.

Establish when that disposition actually became final. Do not substitute the date of an earlier hearing or interlocutory order.

Verify commencement of the same action in a proper court within sixty days and assess any intentional-disregard showing.

1. Establish the first action’s filing and qualifying dismissal, or judgment set aside or annulled in a direct proceeding, because of lack of jurisdiction.
2. Government Code 311.014 addresses day computation. Establish actual finality before counting the sixty-day condition, then reconcile the first-to-second filing interval and the underlying clock. The sixty-day figure is not the claim’s replacement limitation.
3. The finality-only preset lacks the first and second filings, same-action and proper-court requirements, intentional-disregard exclusion and underlying remaining time.

Section 16.072 extends its statutory suit-filing period when the last day is a Saturday, Sunday or holiday to the next day county offices are open for business. Establish the actual county calendar. This guide does not determine a court filing hour or automatically apply that treatment to another act.

The finality-only preset lacks the first and second filings, same-action and proper-court requirements, intentional-disregard exclusion and underlying remaining time.

Qualifying disposition

Subsection (a)(1) requires the stated dismissal, set-aside or annulment because of lack of jurisdiction. A different dismissal ground does not automatically qualify.

Same action in a proper court

Subsection (a)(2) requires commencement in a court of proper jurisdiction within sixty days after the disposition becomes final. Preserve actual commencement and action identity.

Intentional disregard

Subsection (b) excludes the suspension if the adverse party has shown in abatement that the first filing intentionally disregarded proper jurisdiction.

Underlying clock

Subsection (a) suspends the applicable limitation between the actual filings when its conditions hold. It does not supply the underlying cause’s original period or erase all prior running time.

• This statutory-text review does not decide disputed facts, accrual, title, retrospective application or a court holding.

• Establish the first action’s filing and qualifying dismissal, or judgment set aside or annulled in a direct proceeding, because of lack of jurisdiction.
• Establish when that disposition actually became final. Do not substitute the date of an earlier hearing or interlocutory order.
• Verify commencement of the same action in a proper court within sixty days and assess any intentional-disregard showing.
• Subsection (a)(1) requires the stated dismissal, set-aside or annulment because of lack of jurisdiction. A different dismissal ground does not automatically qualify.
• Subsection (a)(2) requires commencement in a court of proper jurisdiction within sixty days after the disposition becomes final. Preserve actual commencement and action identity.
• Subsection (b) excludes the suspension if the adverse party has shown in abatement that the first filing intentionally disregarded proper jurisdiction.
• Subsection (a) suspends the applicable limitation between the actual filings when its conditions hold. It does not supply the underlying cause’s original period or erase all prior running time.
• Preserve evidence of the act the statute actually requires. If suit is required, establish the proper court, filing method and applicable instructions. If recording or notice is required, establish its separate recipient and completion requirements. This guide supplies no unverified filing cutoff.