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PHILLIPS v. IVY

No. 10-02-00266-CV.

148 S.W.3d 209 (2004)

Nadine Ivy PHILLIPS, Appellant, v. Betty Jean IVY, Individually and as Independent Executrix of the Estate of James Bradford Ivy, Deceased, Appellees.

Court of Appeals of Texas, Waco.

September 29, 2004.

Attorney(s) appearing for the Case

John H. Minton Jr., Potter Minton, Tyler, for appellant.

Bill Youngkin, D. Lee Alford, Bryan, for appellee.

Motion for rehearing denied.

TOM GRAY, Chief Justice, dissenting on motion for rehearing.

Phillips has filed a motion for rehearing asking us to reconsider our affirmance of the trial court's refusal to award prejudgment interest. First, I would request a response in order to have the benefit of full briefing on the issue. Based upon the issue as presented, however, I am inclined to agree that we have erred in relying upon the authority of two Fort Worth cases...

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