Oliver v. Oliver

OPINION ON REHEARING

On motion for rehearing, the Appellant first contends that the application of Tex. Civ.Prac. & Rem.Code § 16.069 is purely a question of law for the trial court, and thus, the submission of jury questions in this regard is unnecessary for the proper preservation of error. We disagree.

As noted in the Court’s opinion, a cause of action for fraud is governed by a four-year statute of limitations’ period. Tex.Civ.Prac. & Rem.Code Ann. § 16.051 (Vernon 1986). If the application of Section 16.069 is a question of law for the trial court, as Appellant contends, Appellant must…