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WINN v. MARTIN HOMEBUILDERS, INC.

No. 07-03-0031-CV.

153 S.W.3d 553 (2004)

Banks WINN and Felicia Winn, Appellants, v. MARTIN HOMEBUILDERS, INC., Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled June 23, 2004.

Attorney(s) appearing for the Case

Donald E. Sample, Beaumont, for appellants.

C. Thomas Valentine, Daw & Ray, Houston, for appellee.

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

OPINION

JAMES T. CAMPBELL, Justice.

Appellants Banks and Felicia Winn appeal a summary judgment in favor of the builder of their residence, appellee Martin Homebuilders, Inc. They present two issues, contending that the trial court erred first in rehearing and granting the motion for summary judgment without adequate notice to appellants that the motion would be reheard; and secondly in granting summary judgment based on limitations. We affirm.

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