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ANDREWS v. DIAMOND, RASH, LESLIE & SMITH

No. 08-96-00146-CV.

959 S.W.2d 646 (1997)

Gilbert E. ANDREWS, Appellant, v. DIAMOND, RASH, LESLIE & SMITH, A Partnership, Diamond, Rash, Gordon & Jackson, P.C., Successor in Interest to Diamond, Rash, Leslie & Smith, and Alan V. Rash, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled March 12, 1997.

Attorney(s) appearing for the Case

Jeffrey B. Thompson, Austin, for appellant.

William D. Cobb, Jr., Charles T. Frazier, Cowles & Thompson, P.C., Dallas, for appellees.

Before BARAJAS, C.J., and LARSEN and CHEW, JJ.

OPINION

LARSEN, Justice.

In this appeal, we determine whether plaintiff's failure to specifically disclose a claim for legal malpractice against defendant lawyers in his bankruptcy pleadings prevents him from pursuing this lawsuit. We hold that under these facts, it does not. We also hold that plaintiff was entitled to the tolling of limitations provided by the bankruptcy code, and that his theory of successor liability against defendant professional...

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