No. 05-97-00930-CV.

50 S.W.3d 742 (2001)

Charles C. TURNER, Appellant, v. Jack Lee PERIL, Appellee.

Court of Appeals of Texas, Dallas.

July 30, 2001.

Attorney(s) appearing for the Case

Anjel Kerrigan Avant, Kondos & Kondos Law Office, Richardson, Lorin M. Subar, Law Office of Lorin M. Subar, Dallas, for Appellant.

Dawn Christine Woelfel, Touchtone, Bernays, Johnston, Beall & Smith, Randall G. Walters, Touchstone, Bernays, Dallas, for Appellee.

Before Justices MOSELEY, BRIDGES and FARRIS.


Opinion By Justice DAVID F. FARRIS (Assigned).

The Court denies appellee's motion for rehearing. On the Court's own motion, we withdraw our January 13, 2000 opinion and vacate the January 13, 2000 judgment. The following is now the opinion of the Court.

This case turns upon one issue necessary to final disposition of this appeal: what is required of a counteraffidavit filed under section 18.001(f) of the...

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