Cunningham v. Fox

OPINION

SEARS, Justice.

This is an appeal from a summary judgment. The central issue is whether Appellant’s new pleading was an amended original petition that would “relate back” and defeat a statute of limitations defense, or whether it was a “new” pleading that was timed barred. The trial court ruled that a prior order dismissing Appellant’s claim was a final order, and that Appellant’s subsequent pleading amendment was a new pleading, barred by the statute of limitations. Appellant claims that the prior order was not final, and that the amendment should have “related back” to the timely…