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FONSECA v. BARTH

No. 13-97-275-CV.

972 S.W.2d 814 (1998)

Armando FONSECA and Teresa Anderson, Appellants, v. Gordon H. BARTH, D.O., The Kraege Drug Store, and Thomas Kraege, R. PH., Appellees.

Court of Appeals of Texas, Corpus Christi.

April 30, 1998.

Attorney(s) appearing for the Case

Karl A. Basile, San Antonio, for appellants.

John D. Ellis, Jr., Houston, Fred E. Davis, Davis & Davis, Austin, Errol John Dietze, Dietze & Reese, Cuero, for appellees.

Before DORSEY, FEDERICO G. HINOJOSA, Jr., and RODRIGUEZ, JJ.

OPINION

RODRIGUEZ, Justice.

This is an appeal from a dismissal for want of prosecution. During oral argument, counsel for appellees informed the Court they had discovered two Texas Supreme Court cases,1 not cited by any party, that clearly established the merits of Fonseca's third point of error, and that the case should be reversed and remanded.

Rule 3.03 of the State Bar...

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