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POSTIVE FEED, INC. v. GUTHMANN

No. 01-98-00485-CV.

4 S.W.3d 879 (1999)

POSTIVE FEED, INC., Appellant, v. Marcus GUTHMANN, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

October 14, 1999.

Attorney(s) appearing for the Case

Charley L. Smith, Bellville, for appellant.

John C. Maher, Jr., Wharton, for appellee.

Panel consists of Justices COHEN, HEDGES, and TAFT.

MAJORITY OPINION

TIM TAFT, Justice.

Postive Feed, Inc. (Postive),1 appeals a no-evidence summary judgment granted on the motion of appellee, Marcus Guthmann. The underlying suit is an attempt by Postive to recover costs, from a prior unemployment action, from which the Labor Code exempts employees. We address whether the trial erred: (1) by granting the summary judgment without permitting Postive an opportunity to amend its pleadings...

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