Opinion
No. 14-41398
05-14-2015
RAQUEL VIDUARRI, Plaintiff—Appellant, v. HOME DEPOT; CITIBANK (SOUTH DAKOTA), Defendants—Appellees.
Summary Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 5:13-CV-140
Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Raquel Viduarri appeals a judgment that her action against Home Depot and Citibank (South Dakota), alleging deceptive trade practices and fraud regarding a purchase of shingles, is barred by limitations. Viduarri relies on the "discovery rule" to avoid application of limitations.
In a precise Memorandum & Order, the district court carefully explained that Viduarri reasonably could have discovered the factual basis for an alleged cause of action and that Viduarri did not present a genuine dispute of material fact. The summary judgment is AFFIRMED, essentially on the basis set forth by the district court.