Raquel Viduarri v. Home Depot, et al

Filing

UNPUBLISHED OPINION FILED. [14-41398 Affirmed ] Judge: JES , Judge: JLW , Judge: JWE. Mandate pull date is 06/04/2015 [14-41398]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.

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