J.M.K. 6, Inc. v. Gregg & Gregg, P.C.
192 S.W.3D 189, 2006.TX.0002581
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Publisher Description
In this appeal, we decide (1) whether the Hughes tolling rule applies to certain third-party claims; (2) whether these third-party claims are "cross claims" subject to section 16.069 of the Texas Civil Practice and Remedies Code; and (3) whether the trial court erred in dismissing the third-party claims for contribution and indemnity. Because the Hughes rule does not extend the time for a client to file suit against his attorney if the attorney did not provide legal services in the prosecution or defense of a claim, we answer the first question in the negative. We further conclude that, although a third-party claim is not a "cross claim" within the scope of TEX. CIV. PRAC. & REM. CODE ANN. § 16.069, the trial court erred in dismissing appellants third-party claims for contribution and indemnity. We therefore affirm in part, reverse in part, and remand.