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In re the ESTATE OF Edward John MATEJEK, deceased.

PER CURIAM.

In denying this application, the Court disapproves the court of appeals' analysis to the extent that it requires a party seeking summary judgment on a limitations defense to negate the discovery rule when the non-movant has not pleaded or otherwise raised the discovery rule. Woods v. William M. Mercer, Inc., 769 S.W.2d 515, 518 (Tex. 1989). We deny Matejek's application for writ of error.

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ESTATE OF MATEJEK, IN RE
(Oct 2, 1997)