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Trousdale v. Henry

Neither the discovery rule nor the fraudulent concealment doctrine tolled the running of the statute of limitations on Trousdale's legal malpractice claims until August or September 2005. Houston's 14th Court of Appeals, No. 14-06-00848-CV

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Affirmed in Part and Reversed and Remanded in Partand Majority and Concurring and Dissenting Opinions filed June 24, 2008.

MAJORITY OPINION

Lenieta Wylene Trousdale (“Trousdale”) appeals from the trial court’s order granting summary judgment in favor of appellees, Annette M. Henry, R. Christopher Bell, and Bell & Henry, L.L.P. In three issues, Trousdale contends the trial court erred in its grant of summary judgment and its dismissal of her claims with prejudice, because (1) certain of appellees’ actions constitute a breach of fiduciary duty, to which a four-year statute of limitations applies; (2) the non-fracturing rule does not apply to the facts of this case, as claims for breach of fiduciary duty are not limited to instances of self-dealing by attorneys; and (3) the fraudulent concealment doctrine tolled the commencement of the two-year statute of limitations on her legal malpractice claims until August or September 2005, when appellees returned her file to her.

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