# Turner v. Texas Department of Mental Health & Mental Retardation

> Texas Court of Appeals, 3rd District (Austin) · May 1, 1996 · 920 S.W.2d 415

URL: https://www.frixlaw.com/law-library/cases/9771717

## Case

- **Full name:** Larry Brent TURNER, Appellant, v. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION and the State of Texas, Appellees
- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** May 1, 1996
- **Citations:** 920 S.W.2d 415; 1996 WL 93735
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Carroll, Jones, Smith
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9771717

## How later opinions describe it (automated extraction)

- noting that statutory tolling does not apply if the causes of action in the suits are not the same or if first suit was not dismissed for want of jurisdiction

## Opinion text

ON MOTION FOR REHEARING
To his motion for rehearing, Larry Turner attaches the First Amended Complaint he filed in federal court, seeking to demonstrate that he did append his state court claims to his federal causes of action. This amended complaint was not presented to the trial court at the summary judgment proceeding and is not part of the record on appeal. Its attachment to the motion for rehearing comes too late to support appellant’s reliance on the tolling provisions of section 16.064(a) to defeat movants’ request for summary judgment based on the statute of limitations. We overrule the motion for rehearing and adhere to our original opinion in its entirety.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9771717. Public record. Not legal advice.