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MARTIN v. MARTIN, MARTIN & RICHARDS, INC.

No. 97-0795.

989 S.W.2d 357 (1998)

Jan MARTIN, Independent Executrix of the Estate of Gary Martin, Petitioner, v. MARTIN, MARTIN & RICHARDS, INC. and Roneal Martin, Respondents.

Supreme Court of Texas.

Rehearing Overruled April 22, 1999.

Attorney(s) appearing for the Case

Thomas J. Williams, Craig M. Price, Melissa L. Smith, Fort Worth, for Petitioner.

Ed Huddleston, Dabney D. Bassel, Lynn M. Johnson, for Respondents.

PER CURIAM.

The primary question presented is whether a dismissal with prejudice of a suit to declare a contract valid bars an action for a breach occurring after the dismissal. In the circumstances of this case, we answer no, contrary to the court of appeals,1 and therefore reverse and remand the case to that court for further proceedings.

Gary Martin sold his stock in Martin, Martin & Richards, Inc. to its other two shareholders...

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