Howard v. Fiesta Texas Show Park, Inc.

OPINION

STONE, Justice.

Appellants’ Motion for Rehearing is granted to the extent discussion of the Texas Supreme Court opinion, Childs v. Haussecker and Humble Sand & Gravel v. Martinez, 974 S.W.2d 31 (1998), is warranted. The opinion and judgment of this court issued on July 15, 1998, are withdrawn and this opinion and judgment are substituted therefor.

Factual and PROCEDURAL Background

This suit arises from the trial court’s grant of the defendants’ joint motion for summary judgment based on expiration of the statute of limitations.

The summary judgment evidence established that on May 17,1992,…