FITZ v. DAYS INNS WORLDWIDE, INC.

No. 04-02-00487-CV.

147 S.W.3d 467 (2004)

Bryon FITZ, Appellant, v. DAYS INNS WORLDWIDE, INC., f/k/a Days Inns of America, Inc., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 20, 2004.


Attorney(s) appearing for the Case

Darby Riley, Law Office of Darby Riley, San Antonio, for appellant.

Robert B. Gilbreath, Deborah S. Coldwell, Jenkens & Gilchrist, P.C., Dallas, Mark R. Stein, Allen, Stein & Durbin, P.C., Mark R. Strandmo, Ricardo R. Reyna, Brock & Person, P.C., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice.


OPINION ON APPELLANT'S MOTION FOR REHEARING

Opinion by PHYLIS J. SPEEDLIN, Justice.

The motion for rehearing filed by appellant, Bryon Fitz ("Fitz"), is denied. This court's opinion and judgment dated October 1, 2003, are withdrawn, and this opinion and judgment are substituted. We substitute this opinion to consider evidence contained in a supplemental clerk's record that was properly before the trial court.

Fitz appeals the summary judgment granted...

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