Yuman Black v. Don Wills

This is an appeal from a summary judgment in favor of defendant, Don Wills. The trial court found that Yuman Blacks suit was barred by the two-year statute of limitations. In two points of error, Black contends: (1) that the trial court committed error by granting Wills motion for summary judgment because Blacks cause of action is governed, in whole or in part, by the four-year statute of limitations rather than the two-year limitations period; and (2) that the trial court erred in denying Blacks motion for new trial because the motion presented newly discovered evidence and, if admitted, would probably change the result of the trial courts ruling on the motion for summary judgment; in any event, Black contends, the motion for new trial stated good cause for granting a new trial. We disagree and, accordingly, affirm the trial courts judgment.