Murphy v. Gutierrez

OPINION

BILL MEIER, Justice.

I. Introduction

Appellants Ken Murphy and Scott Toornburg, in his official capacity as representative of the estate of Deanna Kay Murphy (together, “the Murphys”), appeal the trial court’s order dismissing their suit against appellee Ed Gutierrez, individually and d/b/a J.E. & Associates. In two issues, the Murphys contend that the trial court abused its discretion by dismissing their claims against Gutierrez because (1) Gutierrez waived his right to file for dismissal under the applicable statute to this case and (2) because the Murphys promptly cured their failure…