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HAGEMAN/FRITZ, BYRNE, HEAD v. LUTH

No. 03-03-00081-CV.

150 S.W.3d 617 (2004)

Robert HAGEMAN/FRITZ, BYRNE, HEAD & HARRISON, L.L.P., Appellants, v. Thomas LUTH; and Fritz, Byrne, Head & Harrison, L.L.P./Robert Hageman, Appellees.

Court of Appeals of Texas, Austin.

June 24, 2004.

Attorney(s) appearing for the Case

Robert C. DeCarli, Law Offices DeCarli & Irwin, Austin, for Hageman.

J. Lee Jarrard, Jr., R. Mark Dietz, Dietz & Associates, P.C, Round Rock, for Luth.

Daniel H. Byrne, Cynthia W. Veidt, Fritz Byrne, Head & Harrison, L.L.P., Austin, for Fritz.

Before Chief Justice LAW, Justices B.A. SMITH and PATTERSON.

OPINION

W. KENNETH LAW, Chief Justice.

We grant the motion for rehearing, withdraw our opinion and judgment issued on February 20, 2004, and substitute this one to address the questions of venue and exemplary damages raised in the motion for rehearing.1 We conclude that no error is reflected in the transfer of venue and that appellees did not preserve the issue of exemplary damages.

In this case, we consider the...

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