Legal Opinion

Duncan v. Lisenby

Texas Court of Appeals, 14th District (Houston)

Decided December 14, 1995No. 14-94-01027-CVPublishedCited by 21 opinions

1Opinion of the Court

OPINION

ANDERSON, Justice.

John H. Duncan, Jr. (Duncan) appeals a summary judgment in favor of John Lisenby and Lisenby Company Inc. (Lisenby). In two points of error, Duncan contends: 1) a fact issue exists on Lisenby’s statute of limitations defense; and 2) Lisenby should be estopped from using the statute of limitations as a defense. We reverse and remand.

Duncan filed a lawsuit against Lisenby in October 1992, for negligence, gross negligence, conversion, and trespass for having allegedly removed two trees from Duncan’s property without permission. The trees were removed in August 1990.…

2Cases cited8 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Texas Division-Tranter, Inc. v. CarrozzaTexas Supreme Court · 1994
  3. Karl v. Oaks Minor Emergency ClinicCourt of Appeals of Texas · 1992
  4. Villages of Greenbriar v. Torres, Texas Court of Appeals, 1st District (Houston)1994
  5. American Alloy Steel, Inc. v. Armco, Inc.Court of Appeals of Texas · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Starcrest Trust v. Berry, Texas Court of Appeals, 3rd District (Austin)1996
  2. Segal v. Emmes Capital, L.L.C., Texas Court of Appeals, 1st District (Houston)2004
  3. Gerald Godoy v. Wells Fargo Bank, N.A.Texas Supreme Court · 2019
  4. Cannon v. Texas Independent Bank, Texas Court of Appeals, 6th District (Texarkana)1999
  5. Fiengo v. General Motors Corp., Texas Court of Appeals, 5th District (Dallas)2007

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