HALL v. RUTHERFORD

No. 04-94-00502-CV.

911 S.W.2d 422 (1995)

Truman HALL, Individually and As Next Friend of His Daughter, Kimberly Hall, a Minor, Appellant, v. Dan RUTHERFORD, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 30, 1995.


Attorney(s) appearing for the Case

B. Mills Latham, Pruett Moore, III, Law Offices of B. Mills Latham, Corpus Christi, for Appellant.

Cathy J. Sheehan, Jerry A. Gibson, Plunkett, Gibson & Allen, Inc., San Antonio, for Appellee.

Before CHAPA, C.J., and HARDBERGER and DUNCAN, JJ.


OPINION

CHAPA, Chief Justice.

Procedural History

This is appellant's second appeal of this cause to this court. Originally, in 1991, we affirmed summary judgment on behalf of appellee in cause number 04-91-012-CV based on our finding that appellant failed to controvert the lack of proximate cause which we presumed was established in appellee's affidavit, from which pages were missing in the record. On rehearing, the missing pages were found. We...

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