Lechuga v. Texas Employers' Insurance Ass'n

ON MOTION FOR REHEARING

In his motion for rehearing, appellant Manuel Lechuga argues we erred in (1) holding that the summary judgment evidence in support of appellee’s motion for summary judgment established proof in the record that appellant’s petition was not timely filed, and (2) failing to consider the applicability of Texas Revised Civil Statutes Annotated art. 8307b (Vernon 1967).

In his first point, appellant challenges our holding that the Rule 93 “of record” exception applies to summary judgment proceedings. Pointing out that Rule 93 is a pleading rule, he asserts a more reasonable…