United States Fifth Circuit

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Evanston Ins. Co. v. Dillard Dept. Stores Inc., 09-20261

In defendants' appeal from the district court's summary judgment order holding them personally liable to plaintiff for a judgment originally entered against their law firm partnership, the order is affirmed where: 1) the Texas Revised Partnership Act imposed joint and several liability on individual partners for all debts and obligations of a partnership, and no exception applied here; and 2) because plaintiff filed its third-party complaint within the four-year Texas statute of limitations for collecting a debt, its claim was timely.

Appellate Information

  • Decided 03/31/2010
  • Published 03/31/2010

Judges

  • PER CURIAM:, Before REAVLEY, CLEMENT and SOUTHWICK, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Che Dawn Williamson (argued), Chargois & Herron, L.L.P., The Woodlands, TX, for Chargois., William T. Powell (argued), Law Office of William T. Powell, Houston, TX, for Ernster., Mark C. Walter (argued), Arnold G. Polanco, Ross, Banks, May, Cron & Cavin, P.C., Brock Cordt Akers, Phillips & Akers, P.C., Houston, TX, for Dillard Dept. Stores, Inc.