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LAZELL v. STONE

No. 01-02-00029-CV.

123 S.W.3d 6 (2003)

Carol E. LAZELL, D.D.S., Appellant, v. Elizabeth STONE d/b/a The Stone Kitchen, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled August 26, 2003.

Attorney(s) appearing for the Case

Keith T. Gilbert, Gilbert & Maxwell, Houston, for Appellant.

Peter C. Smart, Houston, for Appellee.

Panel consists of Justices TAFT, KEYES, and HIGLEY.

OPINION ON REHEARING

LAURA C. HIGLEY, Justice.

We deny appellant's motion for rehearing. We withdraw our March 13, 2003 opinion, substitute this opinion in its place, and vacate our March 13, 2003 judgment.

Appellant, Carol D. Lazell, D.D.S. ("Lazell") sued appellee, Elizabeth Stone d/b/a The Stone Kitchen ("Stone") for breach of a commercial lease of real property. Stone counterclaimed for wrongful and constructive eviction, breach of lease, breach...

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