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QUALITY BEVERAGE, INC. v. MEDINA

No. 01-92-00959-CV.

858 S.W.2d 8 (1993)

QUALITY BEVERAGE, INC. and Willie Mays, Appellants, v. Teresita MEDINA, Appellee.

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

June 10, 1993.

Attorney(s) appearing for the Case

Julie H. Hannah, Houston, for appellants.

Bernard Bolanos, Houston, for appellee.

Before HEDGES, DUGGAN and O'CONNOR, JJ.

Mirabal, J., dissented from denial of en banc consideration and filed opinion.

OPINION

HEDGES, Justice.

In this case, the trial court ruled that defendants waived their right to toll the running of prejudgment interest by failing to (1) plead tolling as an affirmative defense, and (2) adduce proper evidence of a settlement offer communicated in writing. In one point of error, appellants-defendants...

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