Gibson v. Ellis

Appellant John Gibson (Gibson) sued his former attorney, Al Ellis, claiming Ellis wrongfully paid an expert witness out of Gibsons share of a settlement. The trial court granted summary judgment in favor of Ellis. In five issues, Gibson generally complains the trial court erred in concluding his breach of contract, breach of fiduciary duty, negligence, fraud, and DTPA claims were barred by limitations. In a sixth issue, he claims the trial court erred in concluding Gibson was not a consumer pursuant to the DTPA. For the reasons set forth below, we agree with Gibson. Accordingly, we reverse and remand this cause for further proceedings.