MATTHEW D. WIGGINS, JR., Appellant
CHRISTOPHER J. JANOUSEK AND MADELEINE M. GRIFFIN, Appellees
Appeal from the 55th District Court Harris County, Texas
Trial Court Cause No. 2015-02155
consists of Justices Christopher, Brown, and Wise.
W. BROWN JUSTICE.
Matthew D. Wiggins, Jr., filed suit against appellees
Christopher J. Janousek and Madeleine M. Griffin to collect
on a promissory note that matured in April 2010. Wiggins
filed two traditional motions for summary judgment, which
were denied. Janousek and Griffin filed a traditional motion
for summary judgment, which was granted on the basis that
Wiggins's claims were time-barred. Wiggins presents two
issues. First, Wiggins argues that the trial court erred by
granting the summary-judgment motion filed by Janousek and
Griffin. Next, Wiggins argues that the trial court erred by
denying his first summary-judgment motion. This case turns on
whether the note is a negotiable instrument. If the note is
non-negotiable, then it is subject to a four-year statute of
limitations and Wiggins's claim is time-barred. If the
note is negotiable, then it is subject to a six-year statute
of limitations and the claim is not time-barred. We find the
note non-negotiable. Accordingly, we affirm the trial
court's order granting summary judgment.
relevant facts are not in dispute. Wiggins filed his original
petition against Janousek and Griffin on January 14, 2015, to
collect on a promissory note. Wiggins alleged that the note
matured on April 1, 2010. The note states, in part:
FOR VALUE RECEIVED, the undersigned hereby jointly and
severally promise to pay to the order of Matthew D. Wiggins
the sum of Fifty-Five Thousand Dollars ($55, 000) together
with interest thereon at the rate of ten percent (10%) per
annum on the unpaid balance. Said sum shall be paid in the
manner following: . . . .
following this typed sentence, in handwritten terms, the note
Interest accrues only after cash advance date.
Interest only payable on the 1st day of month.
No pre-payment penalty.
Total amount due on 4/1/10.
note next states, in typed sentences:
All payments shall be first applied to interest and the
balance to principal. All prepayments shall be applied in
reverse order of maturity. This note may be prepaid, at any