In re the Estate of Matejek (960 S.W.2d 650, 1997)

Supreme Court of Texas 1997-07-09

Citations

Full opinion text

PER CURIAM. 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-mov-ant 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.