Ex Paite Courtyard Citiflats, LLC, and Action Property Management, L.L.C. (in Re Coretta Arrington v. Courtyard…

Summary

The court granted mandamus and directed dismissal of Arrington's wrongful-death complaint because neither the filing fee nor a court-approved hardship statement accompanied the complaint before the limitations period expired. It held that filing the complaint and hardship statement alone did not commence the action for limitations purposes, and that the later approval could not be made retroactive through a nunc pro tunc order. Justices Moore and Murdock dissented, arguing that the defect concerned limitations or case-specific procedural authority rather than subject-matter jurisdiction, with Moore also favoring equitable tolling.