Dean v. Frank W. Neal & Associates

This construction defect case involves multiple summary judgments granted on limitations grounds. In three issues, William H. and Madelyn S. Dean contend that the trial court erred in granting summary judgments on their claims against appellees Frank W. Neal & Associates, Inc., HBC Engineering, Inc., David Lewis Builders, Inc., and David T. Lewis, individually, because the limitations period was tolled by application of the discovery rule and because the appellees are equitably estopped from asserting limitations as a result of their conduct. Because the Deans failed to raise a fact issue on the discovery rule and equitable estoppel, we affirm the summary judgments for all of the appellees on limitations grounds.