Manchac v. Pace

I respectfully dissent. The majority treats us to a lengthy quotation from a per curiam opinion wherein the Supreme Court specifically reserved a question of statutory construction for the future. Ozuna v. Delaney Realty, Inc., 600 S.W.2d 780, 781 (Tex.1980). The time for construction of the statute has now arrived but the majority has succeeded in avoiding the issue.

In so doing, it narrowly construes the decisive case of Riverside National Bank v. Lewis, 603 S.W.2d 169 (Tex.1980), and pointedly ignores the controlling language found in the Lewis opinion:

“Thus, we hold that a person who…