Ex Parte Profit Boost Marketing, Inc., D/b/a Hometown Values Coupon Magazine (in Re: Mike Zak D/b/a Hometown…

Summary

The court granted HVCM's mandamus petition and directed dismissal of Zak's claims against it. HVCM was added as a new defendant after the limitations period, rather than substituted for a fictitious defendant, and the claims did not relate back because HVCM lacked timely notice and Zak was not ignorant of its identity. Tolling during the federal proceedings did not apply because Zak had not asserted the claims against HVCM when the case was removed. The court did not reach personal jurisdiction.