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SEGAL v. EMMES CAPITAL, L.L.C.

No. 01-01-00460-CV.

155 S.W.3d 267 (2004)

Richard J. SEGAL, Judith Segal, Joe Fogarty, and Nancy Fogarty, Appellants, v. EMMES CAPITAL, L.L.C., Appellee.

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

March 11, 2004.

Attorney(s) appearing for the Case

Allyson L. Mihalick, Jeff Nobles, Beirne, Maynard & Parsons, L.L.P., Karl Vernon Hopkins, Brendan D. Cook, Baker & McKenzie, Steven E. Halpin, Steven E. Halpin, P.C., Houston, TX, for Appellant.

Kenneth E. McKay, Locke, Liddell & Sapp, LLP, Houston, TX, Thomas H., Jr. Broookman, Fort Worth, TX, for Appellee.

Panel consists of Justices NUCHIA, ALCALA, and HANKS.

OPINION ON REHEARING

SAM NUCHIA, Justice.

Appellants Richard J. Segal and Judith Segal ("the Segals") have moved for rehearing, as have appellants Joe Fogarty and Nancy Fogarty ("the Fogartys"). Appellee, Emmes Capital, L.L.C. ("Emmes"), has responded to both rehearing motions. We have granted the Segals' unopposed motion to supplement the appellate record on rehearing. We now grant the rehearing motions. Although we withdraw our opinion and judgment dated...

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