Peterson v. Teodosio

The initial question this appeal presents is whether the cause of action, as pleaded in the complaint in this case, is barred by the statutes of limitation.*165* The next question is, if so barred, whether the trial court committed prejudicial error in overruling appellee’s motion to file an amended complaint.

In deciding the initial question of the applicability of the statutes of limitation, three subsidiary questions must be considered: (1) Is the accrual of a cause of action by a deceased partner’s estate against a surviving partner dependent upon the appointment of a representative of the…