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EILAND v. TURPIN, SMITH, DYER, SAXE

No. 08-98-00279-CV.

64 S.W.3d 155 (2001)

Paige EILAND and Elaine Eiland, Appellants, v. TURPIN, SMITH, DYER, SAXE & McDONALD, and Dick Saxe, Individually, Appellees.

Court of Appeals of Texas, El Paso.

October 4, 2001.

Attorney(s) appearing for the Case

A. Craig Eiland, Attorney at Law, P.C., Houston, for appellants.

Terry Rhoads, Julia E. Vaughan, Cotton, Bledsoe, Tighe & Dawson, Midland, for appellees.

Before Panel No. 2: BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

This case is before us on remand from the Supreme Court of Texas based upon their recent decisions in Apex Towing Co. v. Tolin, 41 S.W.3d 118 (Tex.2001) and Underkofler v. Vanasek, 53 S.W.3d 343 (Tex.2001). We affirm in part and reverse and remand in part.

SUMMARY OF THE EVIDENCE

Paige Eiland and his brother...

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