Legal Opinion

Willliam B. Ellard v. William D. Ellard

Texas Court of Appeals, 4th District (San Antonio)

Decided July 23, 2014No. 04-13-00709-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

Opinion by:

PATRICIA O. ALVAREZ, Justice.

This case stems from personal injury damages sought in a cross-claim by one co-plaintiff against another. ■ Appellant William B. Ellard contends the trial court erred in granting summary judgment on the basis that a party cannot file a cross-claim against a co-party if the statute of limitations would prevent the filing of a petition alleging the same cause of action based on the same facts. We affirm the trial court’s judgment.

Factual Background

On January 14, 2010, Appellee William Douglas Ellard (Dad) was driving a vehicle with Appellant…

2Cases cited25 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  3. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  4. Mann Frankfort Stein & Lipp Advisors, Inc. v. FieldingTexas Supreme Court · 2009
  5. Rhone-Poulenc, Inc. v. SteelTexas Supreme Court · 1999

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3Cited by4 opinions

  1. Veigel v. Tex. Boll Weevil Eradication Found., Inc.Court of Appeals of Texas · 2018
  2. U.S. Bank, N.A. v. Smith (In re Smith)United States Bankruptcy Court, S.D. Texas · 2015
  3. Grace Creek Development, LP and the Challenge Golf Group Limited v. REM-K Builders, Ltd., Texas Court of Appeals, 12th District (Tyler)2017
  4. Houston Prime v. Community LoanCourt of Appeals for the Fifth Circuit · 2026

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