Opinion
No. 00-0974
Opinion Delivered: April 26, 2001
On Petition for Review from the Court of Appeals for the Fifth District of Texas
Robert E. Motsenbocker, Shafer Davis Ashley O'Leary Stoker, Odessa, Robert M. Greenberg, Arlington, for Petitioner.
Barbara M. G. Lynn, Carrington Coleman Sloman Blumenthal, Dallas, Lara Hudgin, Hollingworth, Hudins Hudgins Warrickn Blumenthall, Houston, Jeffrey S. Levinger, Carrington Coleman Sloman Blumenthal, Dallas, for Respondents.
One of the issues in this legal-malpractice case is whether the rule we announced in Hughes v. Mahaney Higgins, 821 S.W.2d 154 (Tex. 1991), tolled the statute of limitations on the plaintiff's claims. The court of appeals held that it did not, and affirmed a summary judgment for the defendants on limitations grounds. 50 S.W.3d 519.
In light of our recent decisions in Apex Towing Co. v. Tolin, 41 S.W.3d 118 (Tex. 2001), and Underkofler v. Vanasek, ___ S.W.3d ___ (Tex. 2001), without hearing oral argument, we grant the petition for review without reference to the merits, vacate the court of appeals' judgment, and remand this case to that court to reconsider the limitations issue and for other proceedings. See Tex.R.App.P. 59.1, 60.2(f).