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Ball v. SBC Communications, Inc.

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AFFIRMED

SBC Communications, Inc. (“SBC”) filed a lawsuit against Arnold T. Ball (“Ball”) seeking a declaratory judgment. Ball answered that lawsuit and alleged counterclaims for unjust enrichment and constructive trust. The trial court entered a final judgment in favor of SBC on the grounds that Ball’s claims are barred by the applicable statute of limitations as a matter of law. Ball appeals from this judgment. In this appeal, we decide whether section 16.069 of the Texas Civil Practice and Remedies Code revives a defendant’s claim or claims such that it prevents a plaintiff from seeking a declaratory judgment that a defendant’s claims are barred by limitations as a matter of law. We hold that under these circumstances section 16.069 does not revive those claims and affirm the judgment of the trial court.

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