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BETTY LEAVELL REALTY CO. v. RAGGIO

No. C-2033.

669 S.W.2d 102 (1984)

BETTY LEAVELL REALTY COMPANY, Petitioner, v. Grier H. RAGGIO, Respondent.

Supreme Court of Texas.

Rehearing Denied May 23, 1984.

Attorney(s) appearing for the Case

Johnson, Blakeley, Johnson, Smith & Abbey, Robert C. Johnson and Milton C. Smith, Dallas, for petitioner.

Hoppenstein & Prager, Robert A. Miller, Dallas, for respondent.

POPE, Chief Justice.

Betty Leavell Realty Company (Betty Leavell), sued Grier H. Raggio to recover a real estate commission and obtained a judgment on a jury verdict for $8,400 plus interest and attorney fees. The court of appeals in an unpublished opinion reversed the judgment and remanded the cause for a new trial, because the trial court, in error, cast the burden of proof on a controlling issue upon the defendant Raggio. We granted the application for writ of...

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