Summary
holding that a party seeking summary judgment on a limitations defense is not required to negate the discovery rule when the nonmovant fails to plead or otherwise raise the discovery rule
Summary of this case from Feurtado v. State Farm LloydsOpinion
No. 96-1191.
July 9, 1997. Rehearing Overruled October 2, 1997.
Appeal from the District Court, Lavaca County, Gus J. Strauss, J.
Kenneth Edward Kvinta, Yoakum, for Petitioner.
James T. Fletcher, Houston, for Respondent.
In denying this application, the Court disapproves the court of appeals' analysis to the extent that it requires a party seeking summary judgment on a limitations defense to negate the discovery rule when the non-movant has not pleaded or otherwise raised the discovery rule. Woods v. William M. Mercer, Inc., 769 S.W.2d 515, 518 (Tex. 1989). We deny Matejek's application for writ of error.