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DALY v. RIVER OAKS PLACE COUNCIL

No. 01-00-00894-CV.

59 S.W.3d 416 (2001)

Richard D. DALY, Appellant, v. RIVER OAKS PLACE COUNCIL OF CO-OWNERS, Appellee.

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

October 25, 2001.

Attorney(s) appearing for the Case

Charles L. Cotton, Holm, Bambace & Cotton, LLP, Houston, for appellant.

William S. Chesney, III, Frank, Elmore, Lievens, Chesney & Turet, LLP, Houston, for appellee.

Panel consists of Justices COHEN, JENNINGS, and DUGGAN.

OPINION ON SECOND MOTION FOR REHEARING

MURRY B. COHEN, Justice.

We grant appellant's rehearing motion, withdraw our opinion on rehearing dated August 9, 2001, and substitute this opinion in its stead.

River Oaks Place Council of Co-Owners ("The Association") sued Richard D. Daly for contract breach and declaratory and injunctive relief. Daly counterclaimed for contract breach and declaratory relief. Based...

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