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KAISER v. ROSS MERY BUILDERS, INC.

No. 04-97-00382-CV.

956 S.W.2d 666 (1997)

Scott KAISER d/b/a Tri Color Painting, Inc., Appellant, v. ROSS MERY BUILDERS, INC. and Ross Mery, Appellees.

Court of Appeals of Texas, San Antonio.

October 22, 1997.

Attorney(s) appearing for the Case

David Lee Cunningham, Killian, Hayden & Cunningham, San Antonio, for Appellant.

Richard H. Sommer, Hibler & Sommer (Individual Practitioners), San Antonio, for Appellee.

Before HARDBERGER, C.J., and LÓPEZ and DUNCAN, JJ.

OPINION

HARDBERGER, Chief Justice.

On September 18, 1997, appellees filed a motion to dismiss or abate this appeal, requesting that the appeal be dismissed "on grounds of mootness." Based on the information provided in appellees' motion, we were uncertain whether dismissing the appeal as moot was in accordance with the parties' agreement; therefore, we ordered appellant to respond. In our order, we cited our prior...

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