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  5. 852 S.W.2d 74 (1993)
 

HOMME v. VARING

No. 09-92-160 CV.

852 S.W.2d 74 (1993)

Thor HOMME, Appellant, v. Troy Wayne VARING, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied April 26, 1993.

Attorney(s) appearing for the Case

Karla J.M. Rogers, Vidor, for appellant.

John E. Pipkin, Strong, Pipkin, Nelson & Bissell, Beaumont, for appellee.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

BROOKSHIRE, Justice.

Appellant, Homme, initiated a legal proceeding for property damage to a vehicle arising out of an automobile collision. The date of the vehicular collision was on or about July 7, 1991. The defendant below was Troy Wayne Varing.

The original suit was filed in the Small Claims Court of Jefferson County on September 4, 1991. The transcript before us makes it clear that the litigation was not filed in the Justice of the...

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