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PACESETTER POOLS, INC. v. PIERCE HOMES

No. 03-01-00561-CV.

86 S.W.3d 827 (2002)

PACESETTER POOLS, INC./Pierce Homes, Inc., Appellants, v. PIERCE HOMES, INC./Pacesetter Pools, Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 7, 2002.

Attorney(s) appearing for the Case

Lou McCreary, Law Offices of Lou McCreary, Austin, Kenneth S. Beat, Strasburger & Price, L.L.P., Dallas, for Pacesetter Pools, Inc.

Stacy R. Obenhaus, Gregory A. Harwell, Gardere Wynne Sewell LLP, Dallas, for Pierce Homes, Inc.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

LEE YEAKEL, Justice.

Pacesetter Pools, Inc. ("Pacesetter") and Pierce Homes, Inc. ("Pierce Homes") were joint tortfeasors in an underlying cause of action for damage to the foundation of a home. The plaintiff prevailed in arbitration against Pierce Homes. Pierce Homes paid the arbitrator's1 award and sought contribution from Pacesetter. A jury found that the plaintiff's damages were caused by the negligence of Pacesetter and Pierce Homes...

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