ABRAMCIK v. U.S. HOME CORP.

No. B14-88-00866-CV.

792 S.W.2d 822 (1990)

Ronald and Melody ABRAMCIK, Doyle and Rebecca Sue Crutchfield, Mike and Angie Addison, Clint and Isabel Beacham, Brett and Robin Bell, Ken and Sandy Bradshaw, Randy and Cynthia Brown, James and Pamela Campbell, Ernest and Joan Collins, Gilbert and Esperanza De Hoyos, Jerry W. Taylor, Keith and Brenda Eddlemon, George and Gayle Elam, David and Rosalind Gallagher, Albert and Irma Garza (Curtis), Roy and Patsy Gilbert, Yolanda Alanis (Guevara), Victor and Gellena Hall, Eugene and Virginia Hall, Ray and Pauline Hammons, Gary and Claudia Hawn, David and Ginger Helm, James and Suzan Hernandez, Lloyd and Sally Hicks, Joseph Hostasch, Jr., Fred and Ester Juarequi, Nat and Barbara Krone, Michael Leaverton, Benjamin and Ida C. Liles, James and Mary Martin, Jessie and Corina Mayo, James and Carol McClellan, Rick and Anita McComb, David and Debbie Mitchem, Lanny and Judy Okelberry, Richard and Vera Petitt, Vannachack and Ling Ling Phouanesavath, Frank and Debra C. Preston, Sammy and Dorothy Propes, Steve and Yvonne Raney (Austin), Daniel and Vickie Rivera, Ray and Connie Rodriguez, Raymond F. Sierleja, Robert and Deborah Sorge, Reese and Paula Stalcup, Eugene and Mary Stele, Mark and Donna Stoneciper, Larry P. and Pamela Taylor, James and Marlene Varley, Ernest S. and Joyce L. Wehba, Robert E. and Mary L. White, Appellants, v. U.S. HOME CORPORATION, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied July 26, 1990.


Attorney(s) appearing for the Case

Mike O'Brien, James R. Moriarty, Houston, for appellants.

A. Glenn Diddel, III, Patricia Hair, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and SEARS, JUNELL, CANNON, DRAUGHN, MURPHY and ELLIS, JJ., en banc.


ON MOTION FOR REHEARING

SEARS, Justice.

On appellants' motion for rehearing, we heard oral argument en banc. We now grant the motion for rehearing, withdraw our original opinion of March 1, 1990, and reverse and remand.

This is an appeal from a summary judgment granted in favor of U.S. Home (appellee). In October 1984, Park Meadows Section 4 Civic Association, Kenneth Bradshaw, and Carol McClellan filed a class action against U.S. Home. Because the...

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