Leah Shike v. Anthony Charles Flot, 03-15-00533-CV

Shike sued Flot for negligence from a 2012 motor vehicle crash; original petition filed 2014 to toll statute of limitations.
Flot was served 02/16/2015 and answered with several defenses including limitations.
Shike amended to invoke tolling under Tex. Civ. Prac. & Rem. Code §16.063 for absence from Texas.
Flot moved for summary judgment on limitations; trial court granted the motion and dismissed Shike’s claim.
Shike appeals, challenging the sufficiency of Flot’s summary judgment on limitations, seeking reversal and remand.
Judgment at issue reversed and remanded; Shike to recover costs on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether absence tolling under §16.063 defeats summary judgment on limitations.	Shike argues tolling applies due to Flot’s absence.	Flot contends no proper tolling evidence or notice supports tolling.	Yes—tolling issues survive summary judgment; remand for fact review.

Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546 (Tex. 1985) (burden on movant to show entitlement to summary judgment on limitations)
Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005) (movant must negate tolling and limitations defenses)
Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217 (Tex. 1999) (discovery rule and tolling considerations in limitations)
Zale Corp. v. Rosenbaum, 520 S.W.2d 889 (Tex. 1975) (absence from state tolling foundational for service timing)
Guardia v. Kontos, 961 S.W.2d 580 (Tex. App.—San Antonio 1997) (absence from state tolling applied to limitations)
Am. Tobacco Co. v. Grinnell, 951 S.W.2d 420 (Tex. 1997) (describes standard for reviewing summary judgments)