Supreme Court
Tex. St. Univ. v. Tanner
- Case number: 22-0291
- Legal category: Jurisdiction
- Subtype: Service of Process
- Set for oral argument: November 29, 2023
Case Summary
At issue in this case is whether diligence in service of process is a “statutory prerequisite to suit” for claims brought under the Tort Claims Act. In 2014, Hannah Tanner sustained serious injuries after being thrown from a golf cart while on the Texas State University golf course. In 2016, Tanner timely sued TSU, the Texas State University System, and Dakota Scott (a TSU employee who drove the golf cart) under the Tort Claims Act. Tanner served the System in 2016 but did not serve Scott until 2018. Scott moved for summary judgment on the grounds that Tanner did not exercise diligence as a matter of law because she had delayed serving Scott for two years. The district court denied Scott’s motion and granted the System’s plea to the jurisdiction. Finally, in 2020, Tanner served TSU.
TSU filed a plea to the jurisdiction, asserting that Tanner’s claims were barred by the two-year statute of limitations because she had delayed serving TSU for over three and a half years. The district court agreed and granted TSU’s plea. The court of appeals reversed, holding that diligence in service of process is not a statutory prerequisite to suit under Section 311.034 of the Government Code and is thus not jurisdictional.
TSU petitioned the Supreme Court for review, arguing that timely service is a jurisdictional prerequisite because a court does not obtain jurisdiction over a defendant until service is effectuated. The Supreme Court granted the petition.
Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case. Links to the full case documents are included above.