WEBSTER v. THOMAS

No. 14-98-00533-CV.

5 S.W.3d 287 (1999)

Penny A. WEBSTER, Appellant, v. Larry THOMAS, Appellee.

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

Rehearing Overruled November 18, 1999.


Attorney(s) appearing for the Case

Bob Mabry, Houston, for appellant.

John Engvall, Jr., Houston, for appellee.

Panel consists of Justices YATES, FOWLER and LEE.


OPINION

WANDA McKEE FOWLER, Justice.

Appellant, Penny A. Webster, appeals a summary judgment in favor of appellee, Larry Thomas, in which the trial judge found that Webster had not used due diligence in serving Thomas. We affirm the trial court judgment because, after waiting until the last day of the limitations period to file suit, Webster's counsel allowed an additional four months and ten days to pass in which he failed to use due diligence to procure...

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