[DOWNLOAD] "Margaret Portz Vale v. Lanny Ryan and Vernon Mckenzie" by Third District, Austin Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Margaret Portz Vale v. Lanny Ryan and Vernon Mckenzie
- Author : Third District, Austin Court of Appeals of Texas
- Release Date : January 08, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Margaret Portz Vale sued Vernon McKenzie, Lanny Ryan, and others for false arrest, false imprisonment, and malicious prosecution. The trial court rendered a take-nothing summary judgment on the ground that the limitations period for Vales cause of action had expired before she filed suit. Vale appeals, asserting that the trial court erred in granting summary judgment because sixty days had not passed between the dismissal of her identical federal action and the filing of this suit in state court. The issues in this appeal are whether: (1) a federal courts refusal to exercise jurisdiction over pendent state claims constitutes a dismissal for lack of jurisdiction under the Texas "saving statute," Tex. Civ. Prac. & Rem. Code Ann. § 16.064 (1986); and (2) the dismissal here was final for purposes of the same statute on the date of the federal district courts dismissal order. We will reverse the summary judgment and remand the cause. The facts are undisputed. McKenzie, a Temple police sergeant, had participated in a drug "sting" operation. Apparently as the result of a name error, McKenzie incorrectly testified to a Bell County grand jury that Vale was a known drug offender and had received delivery of controlled substances. After hearing only McKenzies testimony, the grand jury indicted Vale. She was arrested and jailed on November 17, 1982. The following day McKenzies misidentification was discovered, and Vale was released.