Elawyers Elawyers
Ohio| Change

Raquel Viduarri v. Home Depot, 14-41398 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 14-41398 Visitors: 12
Filed: May 14, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-41398 Document: 00513043442 Page: 1 Date Filed: 05/14/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-41398 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 14, 2015 Lyle W. Cayce Clerk RAQUEL VIDUARRI, Plaintiff Appellant, versus HOME DEPOT; CITIBANK (SOUTH DAKOTA), Defendants Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CV-140 Before SMITH, WIENER, and ELROD, Circuit Judges. PER
More
Case: 14-41398 Document: 00513043442 Page: 1 Date Filed: 05/14/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-41398 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 14, 2015 Lyle W. Cayce Clerk RAQUEL VIDUARRI, Plaintiff―Appellant, versus HOME DEPOT; CITIBANK (SOUTH DAKOTA), Defendants―Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CV-140 Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: * Raquel Viduarri appeals a judgment that her action against Home Depot and Citibank (South Dakota), alleging deceptive trade practices and fraud regarding a purchase of shingles, is barred by limitations. Viduarri relies on * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 14-41398 Document: 00513043442 Page: 2 Date Filed: 05/14/2015 No. 14-41398 the “discovery rule” to avoid application of limitations. In a precise Memorandum & Order, the district court carefully explained that Viduarri reasonably could have discovered the factual basis for an alleged cause of action and that Viduarri did not present a genuine dispute of material fact. The summary judgment is AFFIRMED, essentially on the basis set forth by the district court. 2
Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer