PETERSON v. TEXAS COMMERCE BANK-AUSTIN

No. 3-92-120-CV.

844 S.W.2d 291 (1992)

Hartwin Ray PETERSON, Jr., Appellant, v. TEXAS COMMERCE BANK-AUSTIN, NATIONAL ASSOCIATION, Appellee.

Court of Appeals of Texas, Austin.

December 23, 1992.


Attorney(s) appearing for the Case

James V. Hoeffner, Alvis, Carssow, Cummins, Hoeffner & Botsford, Austin, for appellant.

Angela C. Dickerson, Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P., Austin, for appellee.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.


BEA ANN SMITH, Justice.

Hartwin Ray Peterson, Jr., appeals an adverse summary judgment rendered against him in a deficiency suit on a promissory note. Peterson sought to avoid liability for the debt by pleading the affirmative defense of limitations. At issue is whether, under Texas common law, the pendency of a federal bankruptcy proceeding tolls the applicable state statute of limitations. Holding that it does, we will affirm the district-court judgment.

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