O'BRYANT v. Horn

Tom Glaze, Justice.

This is an appeal from the trial court’s dismissal with prejudice of the appellant’s cause of action. The trial court granted the appellee’s motion to dismiss based on the finding that the appellant’s complaint stated a tort cause of action for fraud or deceit, which was barred by the three year statute of limitations. On appeal, the appellant argues the following three reasons why the trial court erred in dismissing the cause: (1) his complaint states a cause of action on a writing under seal and therefore a five year statute of limitations is applicable; (2) even if his…