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Click here for the full text of this decision FACTS:Deborah Kaye Parker was involved in a three-car accident on Jan. 27, 2001. On Jan. 24, 2003, she filed suit against Lee Edward Cumming, the Society of St. Vincent De Paul, the Catholic Diocese of Midland, Jim Bass Ford, Mercury Automobile Co. and Dr. Joe Wilkinson. Previously, Parker filed for Chapter 7 bankruptcy protection. She filed her Jan. 24 personal injury suit as an adversary proceeding in her bankruptcy case. Parker alleged that each defendant was negligent, their negligence was the proximate cause of her injuries, and each was jointly and severally liable for her injuries. Parker’s complaint requested that the litigation be transferred to U.S. district court for jury trial. Approximately two weeks later, the bankruptcy court entered an order that required Parker to show cause why her personal injury suit should not be dismissed for lack of jurisdiction. Parker responded with a separate motion to transfer the litigation to district court. The bankruptcy court determined that it lacked jurisdiction to hear or transfer Parker’s personal injury suit and dismissed the adversary proceeding. Parker then filed suit in U.S. District Court for the Western District of Texas against the same defendants and asserted the same causes of action. She later dismissed her claims against Wilkinson. The remaining defendants filed motions to dismiss for failure to state a claim, and Ford Motor Co. filed a motion to dismiss for lack of subject matter jurisdiction. The district court initially denied the motions to dismiss, but when Parker’s bankruptcy case was closed, the court dismissed the suit for lack of subject matter jurisdiction. Parker then filed suit in state court against the remaining defendants and asserted the same claims originally asserted in the adversary proceeding. The defendants filed a motion for summary judgment arguing that limitations barred Parker’s claims, because the state court suit was filed more than two years after the accident and Parker’s adversary proceeding did not toll limitations. Parker responded that Texas Civil Practice & Remedies Code �16.064 tolled limitations, because she did not file the personal injury litigation with intentional disregard of proper jurisdiction, and each subsequent suit was filed within 60 days of the dismissal of the preceding one. The trial court disagreed and granted the defendants’ summary judgment motion. HOLDING:Affirmed. Section 16.064, the court stated, provides a tolling provision for litigation initially filed in a court without jurisdiction if, within 60 days of the dismissal for lack of jurisdiction, suit is filed in a court of proper jurisdiction and if the initial filing was not done with intentional disregard of proper jurisdiction. In this case, �16.064 did not toll limitations, because even assuming every statement and allegation in Parker’s original complaint filed in bankruptcy court was true, that pleading affirmatively established that the bankruptcy court did not have jurisdiction. The very bankruptcy statute Parker cited in her pleading, 28 U.S.C. �157, makes clear that the bankruptcy court had no jurisdiction to hear Parker’s personal injury suit. Absent some evidence of accident or mistake, filing suit with a pleading that on its face establishes the court’s lack of jurisdiction does not invoke �16.064′s tolling provision. Furthermore, it was unnecessary, the court stated, for defendants to prove that Parker consciously filed suit in the wrong court, because her knowledge of the law is imputed. Thus, the summary judgment evidence established that Parker filed suit in a court that clearly had no jurisdiction to consider it, and Parker failed to create a question of fact on �16.064′s application. Accordingly, the court could not say that the trial court erred by granting the defendants’ motions for summary judgment. OPINION:Strange, J.; Wright, C.J., and McCall and Strange, J.J.

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