Fuentes v. Transamerican Natural Gas Corp.

Because the legislature faded to make clear whether the Family Code’s one year limitation supplanted the Wrongful Death Act’s two year limitations period, I believe the majority has correctly addressed the determinative issue in the instant case. I do not agree, however, with the majority’s statement that “the determination of whether Nancy is the surviving spouse of Julio should be left to the jury....”

While I acknowledge that the existence of a common law marriage is generally a question of fact, the facts in certain cases may be such as to permit a trial court to find that a common law…