Lomax v. Sewell

BRECKENRIDGE, Judge.

Charles E. Lomax appeals the trial court’s judgment granting Minnie Sewell’s and Jerry P. Strossner’s motions to dismiss his will contest because it failed to state a cause of action and was “barred by the previous action herein.” Before Mr. Lomax filed his petition, separate heirs at law attempted to challenge the validity of the will in question. In prior opinions by the Supreme Court and this court, each of those heirs’ actions was ultimately determined to be barred by the statute of limitations because either the exception to the statute of limitations had not been…