Legal Opinion

Markwardt v. Texas Industries, Inc.

Texas Court of Appeals, 14th District (Houston)

Decided November 23, 2010No. 14-09-00335-CVPublishedCited by 19 opinions

1Opinion of the Court

OPINION

CHARLES W. SEYMORE, Justice.

Appellant, Debra Markwardt, appeals a summary judgment in favor of appellee, Texas Industries, Inc. (“TXI”), in Mark-wardt’s suit for trespass, nuisance, negligence, and gross negligence, alleging damages arising out of emissions from TXI’s cement plant located near Markwardt’s property. In ten issues, Markwardt contends the trial court erred by granting summary judgment on the ground that her claims are barred by the statute of limitations. We affirm.

I. Background

Since 1988, Markwardt has owned property in Midlothian, Texas, on which she resides and raises…

2Cases cited20 opinions

  1. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  2. KPMG Peat Marwick v. Harrison County Housing Finance Corp.Texas Supreme Court · 1999
  3. Centeq Realty, Inc. v. SieglerTexas Supreme Court · 1995
  4. Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.Texas Supreme Court · 1998
  5. HECI Exploration Co. v. NeelTexas Supreme Court · 1999

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3Cited by19 opinions

  1. Schlumberger Technology Corporation v. Michael Pasko and Peggy PaskoTexas Supreme Court · 2018
  2. Davenport v. Adu-LarteyCourt of Appeals of Texas · 2017
  3. United Healthcare Servs., Inc. v. First St. Hosp. LPCourt of Appeals of Texas · 2018
  4. Vincent Lilly v. Texas Department of Criminal JusticeCourt of Appeals of Texas · 2015
  5. Houston Poly Bag I, Ltd v. Ken Kujanek, Texas Court of Appeals, 14th District (Houston)2012

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