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BARKER v. ECKMAN

No. 04-194.

213 S.W.3d 306 (2006)

Emzy T. BARKER, III and Ava Barker d/b/a Brushy Creek Brahman Center and Brushy Creek Custom Sires, Petitioners, v. Walter W. ECKMAN, Individually and as Nominee and Trustee, Eckman, Inc., and Larry Eckman, Respondents.

Supreme Court of Texas.

Decided December 1, 2006.

Rehearing Denied February 23, 2007.

Attorney(s) appearing for the Case

Richard P. Hogan Jr., Jennifer Bruch Hogan, Pillsbury Winthrop Shaw Pittman, L.L.P., J. Brett Busby, Mayer, Brown, Rowe, & Maw LLP, Houston, Richard N. Evans II, Beaumont, Mark Owen, Owen Bogart and Rogers, Elgin, for petitioners.

Robert L. Ketchand, Jennifer G. Black, Constance O'Doherty Barnes, Boyer & Ketchand, P.C., David Walter Eckman, Law Offices of David W. Eckman, Houston, for respondents.

P.M. Schenkkan, Graves Dougherty Hearon & Moody, P.C., Austin, Amicus Curiae for Texans for Lawsuit Reform.

Justice JOHNSON delivered the opinion of the Court.

We address two issues in this appeal from a suit for breach of a bailment agreement. The first is when the statute of limitations begins to run for breach of the agreement. The second is whether the case must be remanded for a new trial as to attorney's fees when the amount of actual damages is reduced on appeal because of trial court error. As to the first issue we hold that the statute of limitations runs from...

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