No. 3-92-546-CV.

884 S.W.2d 831 (1994)

Gregory E. JOHNSON and Sandra Leigh Johnson, Individually and as Next Friends of Britany Nicole Johnson and Courtney Rene Johnson, Mona Evans, Individually and as Next Friend of Angela Evans, Shanna Evans and Nicole Evans; Robert H. Brady and Antoinette Brady; Billy J. Bucy; and Patsy L. Bucy, Appellants, v. Eli GARZA and Truman Leach, Appellees.

Court of Appeals of Texas, Austin.

Opinion Overruling Motion for Rehearing October 12, 1994.

Attorney(s) appearing for the Case

Erik C. Moebius, Austin, for appellants.

Beth Harkins Miller, Clark, Thomas, Winters and Newton, Austin, for appellees.

Before NYE and PRESLAR, C.JJ., and JACKSON B. SMITH, Jr., J.



The primary issue in this damage suit is whether the trial court's instructed verdict, at the close of the appellants'1 case, in favor of the appellees was improper. Appellants sued Mr. Garza for intentionally setting fire to Garza's own condominium unit, for intentionally disarming the unit's fire alarm system and for negligently failing to maintain the unit's fire alarm system. Appellants assert the trial...

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