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HENRY S. MILLER CO. v. HAMILTON

No. 01-90-00303-CV.

813 S.W.2d 631 (1991)

HENRY S. MILLER COMPANY, Appellant, v. Mark HAMILTON and Dina Hamilton, Appellees.

Court of Appeals of Texas, Houston (1st Dist).

July 11, 1991.

Attorney(s) appearing for the Case

Michael J. Mazzone, Houston, for appellant.

Jill Duncan Hurd, Karen M. Taylor, Houston, for appellees.

Before O'CONNOR, HUGHES and BASS, JJ.

OPINION

O'CONNOR, Justice.

We withdraw our earlier opinion of January 31, 1991, and substitute the following. We now reverse and remand.

Henry S. Miller Company ("Miller") seeks review by writ of error from a default judgment. Miller does not contest liability nor complain of the award of actual damages and attorney's fees. Miller contests the award of $100,000 "additional" damages under the Texas Deceptive Trade Practices-Consumer Protection Act...

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