Mister Donut of America, Inc., a Delaware Corporation, Plaintiff Counter-Defendant-Appellant v. Dean Harris And…

Summary

The court held that the fraud claim was timely because the evidence supported the jury's finding that the fraud was not discovered, and could not reasonably have been discovered, until after the limitations period began to run. It also held that the deposition was admissible under the specific civil-procedure rule governing depositions, regardless of whether the showing of unavailability satisfied the hearsay rule. The court vacated the appellate decision and affirmed the trial judgment.