Joey Kirkland v. Select Dedicated Solutions, LLC

Summary

The Fourth Court of Appeals of Texas affirmed summary judgment in favor of Select Dedicated Solutions, LLC, holding that Joey Kirkland failed to raise a fact issue regarding due diligence in obtaining service after the limitations period expired. The court concluded that Kirkland’s explanations, including a family emergency, failure to pay citation-copy fees, and failure to provide a self-addressed stamped envelope, did not demonstrate continuous diligence or explain every period of delay.

Holdings

1. Kirkland failed to raise a genuine issue of material fact because his explanations described why service was delayed rather than what diligent steps he took to effect service, and he failed to explain every period of delay.
2. The trial court did not err in granting Select's traditional motion for summary judgment based on limitations.

Questions Presented

1. Whether Kirkland raised a genuine issue of material fact regarding due diligence in obtaining service after Select showed that service occurred after the limitations period expired.
2. Whether the trial court properly granted traditional summary judgment on Select's limitations defense.

Disposition

affirmed