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CENTEX HOMES v. BUECHER

No. 00-0479.

95 S.W.3d 266 (2002)

CENTEX HOMES and Centex Real Estate Corporation d/b/a Centex Homes, Petitioners, v. Michael A. BUECHER, et al., Respondents.

Supreme Court of Texas.

Decided December 31, 2002.

Rehearing Denied February 20, 2003.

Attorney(s) appearing for the Case

Joe R. Greenhill, Austin, Samara L. Kline, Dallas, Bob E. Shannon, Joseph R. Knight, Austin, Baker & Botts, Warren W. Harris, Houston, Annalyn G. Smith, San Antonio and Eugene A. Cook, Houston, Bracewell & Patterson, and Ernest R. Higginbotham, Dallas, Strasburger & Price, for Petitioners.

Bryan A. Woods, Law Office of Bryan A. Woods, San Antonio, and Joe K. Longley, Longley & Maxwell, Austin, Barry Snell, Bayne Snell & Krause, San Antonio, for Respondents.

Chief Justice PHILLIPS delivered the opinion of the Court,1 in which Justice HANKINSON, Justice O'NEILL, Justice JEFFERSON, and Justice SMITH joined.

We deny Centex Homes' motion for rehearing. We withdraw our opinion of August 29, 2002, and substitute the following in its place.

The issue in this case is whether a homebuilder may disclaim the implied warranties of habitability and good and workmanlike construction that accompany...

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