Armstrong v. Ablon

SHUMPERT, Justice.

This is an appeal from a summary judgment granted in favor of appellee, Arnold Ablon, d/b/a Spanish Steppes Apartments, on the basis of the statute of limitations, TEX.REV.CIV.STAT.ANN. 5526, § 4 (Vernon Supp.1984). In six points of error, appellant Armstrong contends that the trial court erred in granting the summary judgment because: the original suit was involuntarily dismissed; the abandonment of the original suit was satisfactorily explained, and thus equity must toll the statute; the statute was tolled by TEX.REV. CIV.STAT.ANN. art. 5539a under the trial court’s order…