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ENTERPRISE LEASING CO. OF HOUSTON v. BARRIOS

No. 03-0787.

156 S.W.3d 547 (2004)

ENTERPRISE LEASING COMPANY OF HOUSTON, Petitioner, v. Horacio BARRIOS, Respondent.

Supreme Court of Texas.

November 12, 2004.

Attorney(s) appearing for the Case

Harry Paul Weitzel, Hutson Brit Smelley, J. Brett Busby, Mayer, Brown, Rowe & Maw LLP, Daniel Joseph Fay, Law Office of Daniel Joseph Fay, Houston, for petitioner.

Don D. Becker, John Brice Carroll, Carroll & Becker, Houston, for respondent.

PER CURIAM.

On April 23, 1998 Horacio Barrios rented a Ford Explorer from Enterprise Leasing Company of Houston. Enterprise alleges that at the end of the rental term, Barrios did not return the car because it was stolen. After Barrios refused to pay for the vehicle, Enterprise sued Barrios for breach of the rental agreement, claiming that the agreement required Barrios to reimburse Enterprise for the loss of the vehicle.

The trial court granted Enterprise...

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