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GALVAN v. AMERICA'S FAVORITE CHICKEN CO.

No. 04-96-00358-CV.

934 S.W.2d 409 (1996)

Rosemary GALVAN and Arnulfo Galvan, Appellants, v. AMERICA'S FAVORITE CHICKEN COMPANY f/k/a Al Copeland Enterprises and Raul Briseno, Appellees.

Court of Appeals of Texas, San Antonio.

October 23, 1996.

Attorney(s) appearing for the Case

Daniel R. Rutherford, The Law Offices of Daniel R. Rutherford, Alex Katzman, The Law Offices of Katzman & Katzman, San Antonio, for Appellants.

J. Daniel Harkins, Brett W. Schouest, Cox & Smith Incorporated, San Antonio, for Appellees.

Before CHAPA, C.J., and STONE and GREEN, JJ.

OPINION

PER CURIAM.

This is the second appeal of a slip and fall claim. The claim was originally filed in Bexar County, but Rosemary Galvan non-suited so that she and her husband could refile the same suit in Maverick County. The proposed order of non-suit that the Galvans' counsel prepared for signature, however, inadvertently granted the non-suit with prejudice. In an attempt to undo that error, counsel obtained a judgment nunc pro tunc which granted a...

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