Kenneth Barnett et al. v. Houston Natural Gas Co. et al.

Summary

The Texas Court of Civil Appeals considered whether an amended petition naming HNG Oil Company related back to the filing of an earlier suit mistakenly brought against Houston Natural Gas Company. Because HNG Oil Company was a distinct corporation and was not served or otherwise placed on notice before the two-year limitations period expired, the court held that limitations was not tolled and affirmed summary judgment for HNG Oil Company.

Holdings

1. Filing suit against Houston Natural Gas Corporation did not interrupt limitations as to HNG Oil Company, a distinct corporation that owned and operated the well and was not served with the original petition.
2. A nonmovant who filed no response may challenge the legal sufficiency of the movant's expressly raised grounds and may argue that the movant's proof failed to establish those grounds as a matter of law.

Questions Presented

1. Whether the two-year limitations period applied to Barnett's claim against HNG Oil Company.
2. Whether a fact issue existed concerning application of the two-year statute of limitations.
3. Whether Barnett could challenge the summary judgment on appeal despite filing no response to the motion.

Disposition

affirmed