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AERO MAYFLOWER TRANSIT CO. v. SPOLJARIC

No. 2-83-119-CV.

669 S.W.2d 158 (1984)

AERO MAYFLOWER TRANSIT COMPANY, INC., Appellant, v. Ralph W. SPOLJARIC et ux, Cecilia Spoljaric, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied May 3, 1984.

Attorney(s) appearing for the Case

David Westfall, Dallas, for appellant.

Gandy, Michener, Swindle, Whitaker, & Pratt and Gaylen L. Groce and Stephen M. Stewart, Fort Worth, for appellees.

Before HUGHES, ASHWORTH and HILL, JJ.

ON MOTION FOR REHEARING

ASHWORTH, Justice.

Our prior opinion and judgment issued in the above referenced cause on February 9, 1984 are hereby withdrawn and the following substituted therefor.

When the attorney for Aero Mayflower Transit Company, Inc. (Aero), defendant below, failed to appear for trial, the case was tried to a jury in the attorney's absence and judgment rendered against Aero. Aero filed a motion for new trial which was denied, and...

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