Whiddon v. Chase Home Finance LLC et al
| Christopher Whiddon |
| Chase Home Finance LLC and Blake Borel Insurance |
| 1:2009cv00460 |
| June 12, 2009 |
| US District Court for the Eastern District of Texas |
| Beaumont Office |
| Jefferson |
| Marcia A. Crone |
| Earl S. Hines |
| Both |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Both |
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Filing
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MEMORANDUM AND ORDER. The court finds that Whiddon's claims against Chase for violations of the DTPA and negligence are barred by the applicable statutes of limitation. Therefore, Chase's motion to dismiss is granted as to these claims. The court also finds that Whiddon has failed to allege sufficient facts in his petition to state claims against Chase for common law fraud and breach of contract; however, because it appears that an amendment could cure the defects in Whiddon's petition, Chase's motion to dismiss these claims is denied. Whiddon shall file an amended complaint repleading his claims for fraud and breach of contract with the requisite particularity no later than 30 days from the date of this order. Signed by Judge Marcia A. Crone on 10/14/09. (mrp, )
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