(Download) "Galbraith Engineering Consultants" by Supreme Court of Appeals of West Virginia " eBook PDF Kindle ePub Free
eBook details
- Title: Galbraith Engineering Consultants
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 26, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Section 33.004(e) of the Civil Practice and Remedies Code purports to revive claims otherwise "barred by limitations" under certain limited circumstances. The issue in this summary judgment appeal is whether this statute applies to revive a claim otherwise barred by a statute of repose, as distinguished from a statute of limitations. The court of appeals concluded that the statute was capable of reviving claims barred by either statutes of limitations or statutes of repose. 243 S.W.3d 138, 141. We conclude that the Legislature did not intend for this statute to revive claims extinguished by a statute of repose. Accordingly, we reverse the court of appeals judgment and render judgment dismissing the plaintiffs claim in this case.