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DUNCAN v. LISENBY

No. 14-94-01027-CV.

912 S.W.2d 857 (1995)

John H. DUNCAN, Jr., Appellant, v. John LISENBY and The Lisenby Company, Inc., Appellees.

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

December 14, 1995.

Attorney(s) appearing for the Case

Douglas B. Baker, Houston, Jim M. Perdue, Jr., Houston, for appellant.

Mark A. Carrigan, Houston, Maxine D. Goodman, Houston, for appellees.

Before MURPHY, C.J., and AMIDEI and ANDERSON, JJ.

OPINION

ANDERSON, Justice.

John H. Duncan, Jr. (Duncan) appeals a summary judgment in favor of John Lisenby and Lisenby Company Inc. (Lisenby). In two points of error, Duncan contends: 1) a fact issue exists on Lisenby's statute of limitations defense; and 2) Lisenby should be estopped from using the statute of limitations as a defense. We reverse and remand.

Duncan filed a lawsuit against Lisenby in October 1992, for negligence, gross negligence...

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