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Covington v. Sisters of Charity of Incarnate Word, 179 S.W.3d 583 (Tex. App.—Amarillo 2005, pet. denied). I. ESTATE ADMINISTRATIONA. Survival Action1. Standing & CapacityIntestate died survived by three children. About nine months later, Daughter was properly appointed as the independent administratrix of Intestate’s estate. Sister filed a survival action alleging that Intestate’s death was the result of medical malpractice. After limitations had run, Sister filed an amended pleading adding Daughter as a plaintiff because she was Intestate’s administratrix. The trial court dismissed the action. The appellate court affirmed. The court explained that Sister never had the capacity to bring a survival action. The addition of Daughter as a plaintiff after limitations had run did not relate back to the time when Sister filed her survival action. Although a post-limitations cure of capacity for a suit filed within the limitations period was approved by the Supreme Court of Texas in Austin Nursing Center, Inc. v. Lovato, 171 S.W.3d 845 (2005), “an amended pleading adding a new party does not relate back to the original pleading.” Id. at 588. Thus, Daughter’s claim was barred by limitations. Moral: Survival actions should be filed within two years of a decedent’s death by the personal representative of the decedent’s estate. |