Legal
~ ~ ~
Statute of Limitations
on Foreign Judgments in Texas

- a case study -

Cause No. D-n-GN-0n-00nnnn
Some County District Court, some Judicial District
Plaintiff vs. Defendant

Cause No. D-n GN-0n-00-nnnn

PLAINTIFF BANK OF GEORGIA

 

Plaintiff

 v.

 

DEFENDANT

 

Defendant

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IN THE DISTRICT COURT

 

  

OF SOME COUNTY, TEXAS

 

 

SOME JUDICIAL DISTRICT

ORDER ON PLAINTIFF'S NONSUIT WITHOUT PREJUDICE
 

After considering Plaintiff BANK OF GEORGIA's (hereinafter "Plaintiff") Nonsuit Without Prejudice against Defendant, and request to sign an Order of Nonsuit With Prejudice.

IT IS HEREBY ORDERED that the Plaintiffs claim’s are dismissed with prejudice.

SIGNED on January 1,2000

__(signature)_____________

PRESIDING JUDGE

NOTES (not part of the pleadings):

A very clever way for the Court to get to the results wanted without having to address the defenses pleaded by defendant. 

On the face of this order, and on Plaintiff's last pleading (which supplants all his prior pleadings) it is essentially what the Plaintiff asked for.  In Texas the term "nonsuit" and "dismissed" are used interchangeably.  By submitting a "Nonsuit With Prejudice" as his last pleading, the Plaintiff now has no grounds for appeal. 

I get the "dismissed with prejudice" that I want.  The "with prejudice" term prevents Plaintiff from ever bringing the suit again in Texas.