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Sotelo v. Stewart

Despite the evidence that attorney Gordon Stewart sent documents to the household addressed to Maria Sotelo in 1994, Stewart did not established the accrual date of Sotelo's cause of action as a matter of law. El Paso Court of Appeals, No. 08-06-00145-CV.

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OPINION

Maria Sotelo sued attorney Gordon Stewart for legal malpractice related to Mr. Stewart’s representation of Ms. Sotelo and her former husband in a 1994 breach of contract action.*fn1 The trial court granted summary judgment in Mr. Stewart’s favor. Ms. Sotelo presents two issues for review. In Issue One, Ms. Sotelo argues Mr. Stewart failed to negate an essential element of her cause of action. In Issue Two, Ms. Sotelo contends Mr. Stewart failed to establish the elements of his limitations defense as a matter of law. We will reverse and remand for trial.

In January 1991, Daniel Sotelo signed an earnest money contract to purchase real property at 216 S. Florence, in El Paso.*fn2 Maria Sotelo was not involved in the transaction and did not sign the contract. Following Daniel Sotelo’s default, the seller filed suit (cause number 91-2527) and obtained a judgment for $82,000 for breach of contract. The judgment was entered on December 5, 1994. Mr. Stewart was Daniel Sotelo’s attorney in the case from 1991 until March 9, 1994, when the trial court granted his motion to withdraw. Maria Sotelo’s name did not appear in the breach of contract case until Mr. Stewart added it to the style of his motion for a continuance in February 1994.*fn3

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