GALBRAITH ENGINEERING CONSUL. v. POCHUCHA

No. 07-1051.

290 S.W.3d 863 (2009)

GALBRAITH ENGINEERING CONSULTANTS, INC., Petitioner, v. Sam POCHUCHA and Jean Pochucha, Respondents.

Supreme Court of Texas.

Delivered June 26, 2009.


Attorney(s) appearing for the Case

Ian M. Mclin, Roy Lee White, Stephen E. Walraven, Langley & Banack, Inc., San Antonio, TX, for Petitioner.

Robert W. Loree, Christopher Dean Below, Loree, Hernendez & Lipscomb, PLLC, San Antonio, TX, for Respondent.

Yvonne Roselyn Castillo, Austin, TX, Brendan K. McBride, Prichard Hawkins McFarland & Young, L.L.P., San Antonio, Reagan W. Simpson, King & Spalding LLP, Austin, TX, John G. Bissell, Strong Pipkin Bissell & Ledyard, LLP, Houston, Diana L. Faust, Cooper & Scully, P.C., Dallas, TX, Kathleen Cassidy Goodman, Law Office of Kathleen C. Goodman, PLLC, Boerne, TX, Peter M. Kelly, Law Office of Peter M. Kelly, P.C., Houston, TX, Reagan L. Butts, Cotton, Bledsoe, Tighe & Dawson, P.C., Midland, TX, for Amicus Curiae.


Justice MEDINA delivered the opinion of the Court.

Section 33.004(e) of the Civil Practice and Remedies Code purports to revive claims otherwise "barred by limitations" under certain limited circumstances. The issue in this summary judgment appeal is whether this statute applies to revive a claim otherwise barred by a statute of repose, as distinguished from a statute of limitations. The court of appeals concluded that the statute was capable of reviving claims barred...

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