Gilmore v. Basic Industries, Inc.

Holding

“In this appeal, we decide whether the trial court erred in ruling that (1) statutes of limitations barred two counts of the plaintiff’s motion for judgment, and (2) the plaintiff was liable for a defendant’s attorneys’ fees and expenses incurred in defending this action.”

“In sum, we will affirm the trial court’s dismissal of Count II of the motion for judgment. We will reverse the trial court’s dismissal of Count III and remand that count for an evidentiary hearing to determine when the five-year limitations period began to run on the alleged fraud cause of action. We also will reverse and vacate the trial court’s award of attorneys’ fees to Garrison’s counsel.”