Pecorino v. Raymark Industries, Inc.

I respectfully dissent. The majority, at the onset, states this is a summary judgment appeal, but does not, in my opinion, apply summary judgment analysis. For example, the summary judgment was not granted on the basis of either the release or the assignment, yet the majority states the trial court should have granted it on those bases. This final pronouncement simply highlights the majority’s flawed analysis.

The sole point of error urged by appellant is the trial court erred in granting the summary judgment based upon the statute of limitation because Texas would recognize that there exist…