CUNNINGHAM v. FOX

No. B14-93-00209-CV.

879 S.W.2d 210 (1994)

John C. CUNNINGHAM, Individually and In His Capacity as Executor of the Estate of Robert C. Fox, Appellant, v. Barbara S. FOX, Paige Fox, Karen Fox, David Fox and Jeanine Keel-Flynn, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 9, 1994.


Attorney(s) appearing for the Case

Mark B. Collins, Houston, for appellant.

Joseph S. Horrigan, Houston, for appellees.

Before SEARS, LEE and JUNELL (sitting by appointment), JJ.


OPINION

SEARS, Justice.

This is an appeal from a summary judgment. The central issue is whether Appellant's new pleading was an amended original petition that would "relate back" and defeat a statute of limitations defense, or whether it was a "new" pleading that was timed barred. The trial court ruled that a prior order dismissing Appellant's claim was a final order, and that Appellant's subsequent pleading amendment was a new pleading, barred...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases