(Download) "Underkofler v. Vanasek" by Texas Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Underkofler v. Vanasek
- Author : Texas Supreme Court
- Release Date : January 01, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
In this legal-malpractice case we answer two statute-of-limitations questions: First, whether the statute of limitations has run on the clients common-law claims; second, whether the statute has run on the clients Deceptive Trade Practices-Consumer Protection Act claims. The trial court granted summary judgment for the attorneys on all claims. The court of appeals reversed and remanded as to all claims except breach of implied warranty under the DTPA. ___ S.W.3d ___. In accord with our decision announced today in Apex Towing Co. v. Tolin, ___ S.W.3d ___ (Tex. 2001), we affirm the court of appeals judgment that the clients common-law claims in this case were timely filed under the tolling rule of Hughes v. Mahaney & Higgins, 821 S.W.2d 154 (Tex. 1991). We also affirm its judgment that the attorneys were not entitled to summary judgment on the basis that the clients settlement of the underlying case eliminated any claim for damages. However, we reverse the court of appeals judgment remanding the DTPA claims, and hold that the Hughes rule does not toll the statute of limitations incorporated into the DTPA. Accordingly, we affirm the court of appeals judgment in part and reverse and render judgment in part that Respondent take nothing on his DTPA claims.
 "Underkofler v. Vanasek" by Texas Supreme Court ~ Book PDF Kindle ePub Free){kind=link}