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F.F.P. OPERATING PARTNERS, L.P. v. DUENEZ

No. 13-00-466-CV.

69 S.W.3d 800 (2002)

F.F.P. OPERATING PARTNERS, L.P., d/b/a Mr. Cut Rate # 602, Appellant, v. Xavier DUENEZ, and Wife Irene Duenez, individually, and as Next Friends of A.D., C.D., and P.D., Minors, Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled March 14, 2002.

Attorney(s) appearing for the Case

Reagan Wm. Simpson, Fulbright & Jaworski, Houston, Mike A. Hatchell, Hatchell P.C., Tyler, Russell H. McMains, Law Offices of Russell H. McMains, Corpus Christi, Spencer G. Markle, Houston, for Appellant.

John W. Griffin, Jr., David C. Griffin, Robert P. Houston, Houston, Marek & Griffin, Victoria, Christa L. Brown, Austin, Cynthia T. Sheppard, Cuero, for Appellees.

David Roberts, Wanda Roberts, Garner, Roberts & Roberts, Port Lavaca, Attorneys Ad Litem.

Glen Garey, Austin, Oscar Herman Villarreal, Villarreal, Moreno & Ruiz, San Antonio, for Amicus Curiae.

Before Justices DORSEY, YANEZ, and RODRIGUEZ.

OPINION

Opinion by Justice YANEZ.

Appellant, F.F.P. Operating Partners (FFP), appeals a judgment rendered in favor of appellees, Xavier and Ashley Duenez. We affirm.

Background

In the late afternoon of July 26, 1997, Roberto Ruiz bought a twelve-pack of beer at a "Mr. Cut Rate" convenience store owned by FFP. During the afternoon, prior to purchasing the twelve-pack at FFP's store, Ruiz had drank a case and a half of beer while cutting...

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