SMITH v. CLARY CORP.

No. 94-1338.

917 S.W.2d 796 (1996)

Daniel F. SMITH and Michael A. Smith, Individually and D/B/A Fairfield Distributors, Petitioners, v. CLARY CORPORATION, Respondent.

Supreme Court of Texas.

Rehearing Overruled April 12, 1996.


Attorney(s) appearing for the Case

Anne Gardner and John J. Drake, Fort Worth, for petitioners.

Sloan B. Blair, Fort Worth, Carey Frank Walker and David Lewallen, Arlington, Kevin Norton, Fort Worth, for respondent.


PER CURIAM.

We overrule Clary Corporation's motion for rehearing. We withdraw our opinion of July 7, 1995, and substitute the following.

The issue in this case is whether counterclaims of multiple defendants should be aggregated to determine whether the amount in controversy in a county court at law exceeds that court's maximum statutory jurisdictional limit and divests it of jurisdiction. The court of appeals held that a statute required aggregation. We hold...

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