The Texas Supreme Court refined a rule on tolling in a legal malpractice case by declaring the plaintiff cannot rely on a co-party’s appeal to extend the statute of limitations.

In the opinion, the high court revisited its position in Hughes v. Mahaney & Higgins, (1991), in which it had said, “The statute of limitations on the malpractice claim against the attorney is tolled until all appeals on the underlying claim are exhausted.”