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KOEPKE v. MARTINEZ

No. 13-01-433-CV.

133 S.W.3d 633 (2002)

James A. KOEPKE, Appellant, v. Andres MARTINEZ, Nora Maribel Martinez, and Maria G. Martinez, Individually and as Next Friend of Andres Martinez, Jr. And Claudia Martinez, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

December 19, 2002.

Attorney(s) appearing for the Case

D. Allan Erwin, Jr., Brownsville, and Martin J. Phipps, San Antonio, for James A. Koepke.

Francisco J. Enriquez, Edinburg, and Roberto D. Puente, for Andres Martinez.

Before the Court En Banc.

For original opinion, see 84 S.W.3d 393.

DISSENTING OPINION ON MOTION FOR REHEARING EN BANC

Dissenting Opinion by Justice DORSEY.

I believe the panel seriously erred in holding there was no duty owed by the defendant/appellant Koepke to the plaintiffs below in the circumstances of this case. This court should grant rehearing en banc.

Koepke sold a chinese fighting dog, a Shar-pei, to Teresa Canales. Canales...

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