NATHAN v. WHITTINGTON

No. 12-0628.

408 S.W.3d 870 (2013)

Marc H. NATHAN, Petitioner, v. Stephen WHITTINGTON, Respondent.

Supreme Court of Texas.

August 30, 2013.


Attorney(s) appearing for the Case

Andrew M. Williams , Henry L. Burkholder , Andrew M. Williams & Associates, Bellaire, Martin R. Nathan , Attorney at Law, Houston, R. Leonadis McKinney, IV , Myers Doyle , Houston, TX, for Petitioner.

Eric P. Chenoweth , James E. Zucker , YetterColeman LLP, Houston, TX, for Respondent.


PER CURIAM.

We must decide in this case whether a statute that "suspends the running" of a "statute of limitations" applies to a statute of repose that otherwise "extinguishes" the plaintiff's cause of action. The trial court held that it does not and granted the defendant's motion for summary judgment. The court of appeals, with one justice dissenting, held that it does and reversed. We hold that the suspension statute does not apply to a statute of repose, so we...

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