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

- a case study -

Cause No. D-1-GN-09-002765
Travis County District Court, 345^th Judicial District
Wachovia vs. Mouer

Cause No. D-1 GN-09-00-2765

WACHOVIA BANK, NATIONAL
ASSOCIATION, fka FIRST UNION
NATIONAL BANK OF GEORGIA

 

Plaintiff

 v.

 

SIMON R. MOUER

 

Defendant

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IN THE DISTRICT COURT

 

  

OF TRAVIS COUNTY, TEXAS

 

 

345^TH JUDICIAL DISTRICT

ORDER ON PLAINTIFF'S NONSUIT WITHOUT PREJUDICE
 

After considering Plaintiff WACHOVIA BANK, NATIONAL ASSOCIATION. fka FIRST UNION NATIONAL BANK OF GEORGIA's (hereinafter "Plaintiff") Nonsuit Without Prejudice against Defendant SIMON R. MOUER (hereinafter "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 12,2010

__(signature)_____________

PRESIDING JUDGE

NOTES (not part of the pleadings):

At first reading, especially after all my pleadings, this seems like an over-simplified order, not addressing my Motion for Summary Judgment, or my Motion to Quash.  However, on further review, it is actually a very clever way for the Court to get to the results I want without having to address those somewhat complex and possibly controversial pleadings. 

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.