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BRASHEAR v. VICTORIA GARDENS OF McKINNEY

No. 05-07-01269-CV.

302 S.W.3d 542 (2009)

Paula BRASHEAR, Individually and as Executor of the Estate of Dorothy Lorene Williams, Deceased, Appellant v. VICTORIA GARDENS OF McKINNEY, L.L.C. d/b/a Homestead of McKinney and Lisa Mauer, Appellees.

Court of Appeals of Texas, Dallas.

December 16, 2009.

Attorney(s) appearing for the Case

Thomas B. Cowart, Dallas, TX, for Appellant.

Deanna Dean Smith, Marvin C. Moos, Ebanks, Smith & Carlson, L.L.P., Houston, TX, Thomas B. Alleman, Winstead, Sechrest & Minick, P.C., Dallas, TX, for Appellees.

Before Justices MOSELEY, FITZGERALD, and FILLMORE.

OPINION ON REHEARING

Opinion By Justice FILLMORE.

Appellant Paula Brashear filed a motion for rehearing. We overrule the motion for rehearing. On our own motion, we withdraw our opinion issued February 10, 2009 and vacate our judgment of that date. The following is now the opinion of the Court.

Brashear sued several defendants for damages based on allegations that they neglected her mother, a nursing home resident. At that time, one of the defendants...

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