Rodney Draughon v. Joycie Johnson, 631 S.W.3d 81

Draughon inherited and lived in a house; in 2006 he signed a warranty deed conveying the property to his aunt, Joycie Johnson.
Johnson recorded the 2006 deed and in 2018 sought to evict Draughon; he filed a declaratory-quiet-title action asserting he lacked mental capacity when signing the deed.
Johnson moved for traditional summary judgment, asserting the four-year statute of limitations barred Draughon’s claim and attaching the deed as evidence of accrual.
Draughon responded asserting statutory tolling for persons of "unsound mind" (Tex. Civ. Prac. & Rem. Code § 16.001) and submitted affidavits claiming diminished capacity; the trial court struck those affidavits and granted summary judgment for Johnson.
The court of appeals affirmed, holding Draughon had the burden to produce evidence of incapacity to avoid summary judgment; Draughon petitioned the Texas Supreme Court.
The Texas Supreme Court reversed, holding that on a traditional summary-judgment motion the defendant must conclusively negate any tolling (including unsound-mind tolling) the plaintiff asserts, and remanded for further proceedings.

Issue	Plaintiff's Argument (Draughon)	Defendant's Argument (Johnson)	Held
Who bears the burden on a traditional MSJ when plaintiff asserts tolling?	Movant must negate tolling; defendant must conclusively disprove unsound-mind tolling.	Once defendant shows claim accrued and suit was late, plaintiff must produce evidence of tolling.	Held: On a traditional MSJ, defendant must conclusively negate any tolling doctrine the plaintiff asserts before burden shifts.
Is unsound-mind tolling treated like the discovery rule (i.e., defendant must negate it)?	Unsound-mind tolling affects accrual and thus must be negated by the movant, like the discovery rule.	Tolling should be treated differently; plaintiff should bear burden to produce evidence of incapacity.	Held: Unsound-mind tolling affects accrual and must be negated by the defendant on traditional MSJ.
Was Johnson’s evidence sufficient to obtain traditional summary judgment?	N/A (Draughon argued trial court erred by striking his affidavits).	The deed date established accrual and expiration of limitations; absence of opposing admissible evidence justified SJ.	Held: Johnson failed to carry the movant’s burden because she did not present evidence negating Draughon’s unsound-mind tolling; summary judgment reversed.

Erikson v. Renda, 590 S.W.3d 557 (Tex. 2019) (defendant moving on limitations must conclusively establish defense and negate tolling/discovery rule)
Schlumberger Tech. Corp. v. Pasko, 544 S.W.3d 830 (Tex. 2018) (defendant must negate discovery rule on traditional MSJ)
Oram v. Gen. Am. Oil Co. of Tex., 513 S.W.2d 533 (Tex. 1974) (movant must negate tolling/suspension statutes before burden shifts)
Zale Corp. v. Rosenbaum, 520 S.W.2d 889 (Tex. 1975) (same principle for suspension statutes; distinguishes tolling from equitable avoidance)
Diaz v. Westphal, 941 S.W.2d 96 (Tex. 1997) (movant must negates tolling doctrines asserted by nonmovant)
Nichols v. Smith, 507 S.W.2d 518 (Tex. 1974) (plaintiff bears burden to raise fact issue on fraudulent concealment as an equitable avoidance to limitations)