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WATERS EX REL. WALTON v. DEL-KY, INC.

No. 05-91-01064-CV.

844 S.W.2d 250 (1992)

Ruby Mae WATERS ex rel. Will WALTON, Appellant, v. DEL-KY, INC., d/b/a Sunnyvale Manor, Appellee.

Court of Appeals of Texas, Dallas.

December 2, 1992.

Attorney(s) appearing for the Case

David T. Marks, Houston and Charles J. Fortunate, Dallas, for appellant.

Michael W. Huddleston, Dallas, for appellee.

Before BAKER, BURNETT, and ROSENBERG, JJ.

OPINION

BAKER, Justice.

Ruby Mae Waters brought a survivorship action against Del-Ky, Inc., d/b/a Sunnyvale Manor, for her deceased brother, Will Walton. Based upon Sunnyvale's affirmative defense of limitations, the trial court granted Sunnyvale summary judgment on all of Waters's claims. Waters contends the trial court erred in granting Sunnyvale a summary judgment because Sunnyvale did not conclusively establish its limitations defense and did not negate...

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