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SAGE v. WONG

No. 2-85-243-CV.

720 S.W.2d 882 (1986)

Robert E. SAGE, Appellant, v. Y.K. WONG, Appellee.

Court of Appeals of Texas, Fort Worth.

November 26, 1986.

Attorney(s) appearing for the Case

Hicks, Gillespie, James & Lesser, P.C. and George A. Preston, Jr., Dallas, for appellant.

Whitten, Loveless, Kelsey, Gregory, Holt & Phillips and Richard H. Kelsey, Denton, for appellee.

Before FENDER, C.J., and JOE SPULOCK, II and HILL, JJ.

OPINION

JOE SPURLOCK, II, Justice.

Appellant, Robert E. Sage, plaintiff below, appeals the dismissal without prejudice of his suit for damages due to flooding of his property. The basis for dismissal was Sage's failure to state a cause of action and refusal to replead his petition. In two points of error, Sage alleges the trial court erred in dismissing his suit and that the dismissal violated article I, section 13 of the Texas Constitution, the "Open Courts...

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