Texas Court Finds Most Counts Untimely But Allows Fraud Claim

HOUSTON - A Texas appeals court affirmed a lower court's finding that a tenant claiming illness from mold waited too long to file negligence, trade practices and premises liability claims against a landlord, but the court reinstated her fraud claim, saying fraud has a longer limitations period. Pirtle v. Kahn, et al., No. 01-04-00147-CV (Texas Ct. App., 1st Dist.).

In its Aug. 18 opinion, the 1st District Court of Appeals said Connie Pirtle was on notice that mold was related to her illness at least by July 14, 1999, when mold was discovered in her apartment. The court cited Pirtle's …