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COOKE v. MILLARD

No. 01-92-00106-CV.

854 S.W.2d 134 (1992)

Milton M. COOKE, Milton M. Cooke, Jr., dba Cooke Land & Development Co., Luck Petroleum Corp., Company of Developing Energy Inc., J.R. Dupuy, Alva Inc., John C. Luck, Jr., Gilbert G. Allen, SRC Farm in Partners—1983, and R. Foy Phillips, Relators, v. The Honorable Richard MILLARD, Judge of the 189th Judicial District Court, Harris County, Texas, Respondent.

Court of Appeals of Texas, Houston (1st Dist.).

February 6, 1992.

Attorney(s) appearing for the Case

David W. Pace, Houston, for relators.

Dan Van Winkie, Patricia K. Dube, Wayne Adams, Malcolm Williams, Houston, for respondent.

Before DUNN, O'CONNOR and DUGGAN, JJ.

OPINION

DUGGAN, Justice.

Cooke and others sued five defendants for negligence in the completion of an oil and gas well. Four of the five defendants moved for summary judgment on grounds that the suit was barred by limitations. Cooke asserted the discovery rule and the relation back doctrine. The fifth defendant, Unibar Drilling Fluids, Inc., did not move for summary judgment. On February 5, 1990, precisely two years ago, the trial court granted all four...

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