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McDANIEL v. YARBROUGH

No. 01-92-00844-CV.

866 S.W.2d 665 (1993)

B.J. McDANIEL, Jr. and Pamela Charmrod McDaniel, Appellants, v. Tom YARBROUGH, Appellee.

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

Rehearing Denied November 24, 1993.

Attorney(s) appearing for the Case

George A. Rustay, P. Randall Crump, Dow, Cogburn & Friedman, P.C., Houston, for appellants.

Kathleen Hopkins Alsina, Joseph Y. Ahmad, Crain, Caton & James, Houston, for appellee.

Before OLIVER-PARROTT, C.J., and COHEN and MIRABAL, JJ.

OPINION ON MOTION FOR REHEARING

MIRABAL, Justice.

We withdraw our earlier opinion, we substitute the following opinion in its stead, and we overrule appellant's motion for rehearing.

This is an appeal from a take-nothing judgment in a personal injury lawsuit. We affirm.

In two points of error, appellants B.J. McDaniel and Pamela Charmrod McDaniel assert the trial court abused its discretion when, after the trial had begun, it dismissed a...

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