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AUSTIN HILL COUNTY REALTY, INC. v. PALISADES PLAZA, INC.

No. 95-1273.

948 S.W.2d 293 (1997)

AUSTIN HILL COUNTRY REALTY, INC. d/b/a Re/Max Austin Hill Country Realtors, Barbara A. Hill, Annette V. Smith and David J. Jones, Petitioners v. PALISADES PLAZA, INC. d/b/a The Palisades, Respondent.

Supreme Court of Texas.

Decided July 9, 1997.

Attorney(s) appearing for the Case

William Rushing Hemphill, Geoffrey D. Weisbart, David F. Minton, Barry K. Bishop, Austin, for Petitioners.

Kenneth D. Lerner, Austin, for Respondent.

SPECTOR, Justice, delivered the opinion for a unanimous Court.

We overrule the motion for rehearing. We withdraw our opinion of January 10, 1997, and substitute the following in its place.

The issue in this case is whether a landlord has a duty to make reasonable efforts to mitigate damages when a tenant defaults on a lease. The court of appeals held that no such duty exists at common law. 938 S.W.2d 469. We hold today that...

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