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MILAM v. MILLER

No. 07-93-0161-CV.

891 S.W.2d 1 (1994)

David MILAM, An Individual d/b/a Ostrich of Texas, Appellant, v. Eddie MILLER, An Individual and Carl Galub, An Individual, Appellees.

Court of Appeals of Texas, Amarillo.

Order Overruling Motion for Rehearing July 28, 1994.

Attorney(s) appearing for the Case

Don R. Cantrell, Houston, for appellant.

Philip R. Russ, Amarillo, for appellee.

Before REYNOLDS, C.J., and DODSON and BOYD, JJ.

DODSON, Justice.

The issue presented by this appeal is whether an answer mailed at a post office prior to the answer deadline is timely filed under Texas Rule of Civil Procedure 5 even though received by the clerk's office after the deadline.1 Plaintiffs Eddie Miller and Carl Galub (collectively referred to as Miller) sued David Milam, an individual doing business as Ostrich of Texas (Milam), for actual contractual and consequential damages...

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