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Case Results
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Successful Appeal | Significant Settlement
In a significant victory for Plaintiffs throughout the state of Texas, the Rasansky Law Firm successfully won the appeal of a Dallas District Court Judge's holding in granting of a defendant's summary judgment. The key issue upon appeal was the diligence of our client (acting pro se at the time) in securing the successful service of process upon the defendant after filing a lawsuit on the date that his statute of limitations expired. Due to a delay by the District Clerk in attempting service and subsequent failure to notify the Plaintiff that service via register mail was unsuccessful, the Plaintiff was unable to secure proper service for almost three months. The Defendant argued that the established requirement under Texas law that a plaintiff act with diligence in securing service upon a defendant after the statute of limitations runs, was not met in this case. The District Court Judge agreed, and granted the Defendant's summary judgment. Taking the issue up on appeal, the Rasansky Law Firm argued that there was sufficient evidence of diligence that was exercised by our client, and that the case law relied upon by Defendant in his Motion for Summary Judgment was not controlling based on the differences in facts between our client's actions and those actions taken by plaintiffs in the only other cases on record in Texas on this issue. The 5th District Court of Appeals agreed with our argument, and reversed the Trial Court's holding and remanded the suit back to the Court for trial. After striking the final blow and establishing the intention to fight every step of the way, the Rasansky Law Firm was shortly thereafter able to obtain a significant settlement offer from the Defendant for our client.
