To his motion for rehearing, Larry Turner attaches the First Amended Complaint he filed in federal court, seeking to demonstrate that he did append his state court claims to his federal causes of action. This amended complaint was not presented to the trial court at the summary judgment proceeding and is not part of the record on appeal. Its attachment to the motion for rehearing comes too late to support appellant's reliance on the tolling provisions of section 16.064(a) to defeat movants' request for summary judgment based on the statute of limitations. We overrule the motion for rehearing and adhere to our original opinion in its entirety.

Bea Ann Smith, Justice

Before Chief Justice Carroll, Justices Jones and B. A. Smith

Filed: May 1, 1996

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