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SONGER v. ARCHER

No. 06-99-00113-CV.

23 S.W.3d 139 (2000)

Kenneth SONGER and Helen Songer, Appellants, v. Joe ARCHER, d/b/a Archer Excavating, and American Economy Insurance Company, Appellees.

Court of Appeals of Texas, Texarkana.

Decided May 31, 2000.

Attorney(s) appearing for the Case

Scott Seamster, Wagstaff, Alvis, Stubbeman & Longacre, LLP, Abilene, for appellant.

Michael Wynne, Nall, Pelley & Wynne, L.L.P., Sherman, for appellee.

Before CORNELIUS, C.J., GRANT and ROSS, JJ.

OPINION

Opinion by Justice GRANT.

Kenneth Songer and Helen Songer (the Songers) appeal from a summary judgment holding that they breached a Rule 11 agreement and awarding Joe Archer, d/b/a Archer Excavating and Economy Insurance Company (Archer) $116,000.00 in liquidated damages for breach of the contract.

The Songers contend that the trial court erred in granting Archer a summary judgment because: (1) there was insufficient evidence on which to...

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