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FEDERAL LANES, INC. v. CITY OF HOUSTON

No. 01-94-00516-CV.

905 S.W.2d 686 (1995)

FEDERAL LANES, INC., William J. Kowalski, D.C. d/b/a Greens Bayou Chiropractic Clinic, Albert A. Norris, D.D.S. and Norris D.D.S., Inc., McTex No. 6, Inc. a/k/a Edward D. Ensley d/b/a McDonald's, and Gulf Oxygen Company, Inc., Appellants, v. CITY OF HOUSTON, Appellee.

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

Rehearing Overruled August 24, 1995.

Attorney(s) appearing for the Case

W. Briscoe Swan, Bellaire, for appellants.

Benjamin L. Hall, III, Andrea Chan, Houston, for appellee.

Before OLIVER-PARROTT, C.J., and COHEN, HUTSON-DUNN, MIRABAL, O'CONNOR, WILSON, HEDGES, ANDELL and TAFT, JJ.

OPINION

MIRABAL, Justice.

The main issue in this case is whether an unverified joint motion to reinstate, after dismissal for nonappearance at a pretrial conference, has the same effect as a verified motion to reinstate. We hold that it does.

Before an opinion issued in this case, a majority of the Justices of this Court voted to consider the case en banc. Tex.R.App.P. 79(d), (e)2. We reverse...

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