Nathan v. Wittington

by
Stephen filed suit against a former business partner, Evan, in Nevada and prevailed on his claims. To collect on the judgment, Stephen filed another suit in Nevada against both Evan and Marc, alleging that Evan had fraudulently transferred assets to Marc in violation of the Nevada Uniform Fraudulent Transfer Act (Nevada UFTA). The Nevada court dismissed Stephen's claims, concluding that it lacked personal jurisdiction over Marc. Stephen then filed the present suit in a Texas court under the Texas UFTA (TUFTA), alleging that Evan had fraudulently transferred assets to Marc. The trial court granted summary judgment for Marc, concluding that TUFTA's four-year statute of repose extinguished Stephen's claim. The court of appeals reversed, holding that Tex. Civ. Prac. & Rem. Code 16.064(a) suspended the expiration of TUFTA's statute of repose and allowed Stephen to file this suit within sixty days after the Nevada court dismissed the second Nevada suit for lack of personal jurisdiction. The Supreme Court reversed, holding that because the TUFTA provision that extinguished Stephen's claim was a statute of repose, and section 16.064 applies only to statutes of limitations, section 16.064 did not save or revive Stephen's claim. View "Nathan v. Wittington" on Justia Law