LawWorld433_ANB_01

Susan Whitaker has filed three successive Complaints against Magnolia Gardens. The first is the original Complaint, the second Is the First Amended Complaint, and the third is the Second Amended Complaint. Each Complaint was served on the defendant ten days after they were filed. Magnolia Gardens wants to file a Motion to Dismiss the breach of contract allegations in the Complaint. 

Review the complaints and decide if, under Texas Rule of Civil Procedure 91a.3, what is the last day the motion t...

According to Texas Rule of Civil Procedure 91a.3, a motion to dismiss must be filed within 60 days of service of the first pleading containing the challenged cause of action. Here, Magnolia Gardens is challenging the breach of contract allegation. Because this allegation was first raised in the original Complaint, and the original Complaint was filed on May 28, 2025, and served on June 7, 2025 (ten days after the filing date), the last day to file the motion to dismiss is August 6, 2025.