On April 2, 2020, Mitzner LLP partner Doug Salisbury obtained an appellate court victory affirming summary judgment on behalf of firm client Texas Truck Sales. In the case, the 14th Court of Appeals affirmed a summary judgment granted on Texas Truck Sales’ affirmative defense of limitations (Doug also represented Texas Truck Sales at the trial court level).
In the case, the plaintiff withdrew funds he had previously invested with Texas Truck Sales pursuant to a letter agreement between the parties. However, the plaintiff did not file suit to recover those funds until after the four-year statute of limitations for breach of contract actions expired. The Court of Appeals rejected the plaintiff’s arguments that (a) the request to withdraw invested funds did not start plaintiff’s limitations period, and (b) that certain partial payments made after the withdraw request effectively tolled limitations, and affirmed summary judgment on behalf of the firm’s client on all grounds.
The case is styled Hubert Bass v. Michael W. Gillaspia d/b/a Texas Truck Sales, No. 14-18-01074-CV, 2020 WL 1617219, decided April 2, 2020.
