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VELASCO v. TEXAS KENTWORTH CO.

No. 05-03-01160-CV.

144 S.W.3d 632 (2004)

Rutilio Ignacio VELASCO, Individually and a/n/f Josue Velasco, A Minor, Erick Velasco, A Minor, and Steven Velasco, A Minor, and as Representative of The Estate of Gloria Oviedo Velasco, Appellant v. TEXAS KENWORTH COMPANY, Texas Kenworth Company d/b/a MHC Kenworth-Dallas, Texas Kenworth Company d/b/a MHC Kenworth-Fort Worth, Texas Kenworth Company d/b/a Texas Kenworth Co. Dallas, Texas Kenworth Company d/b/a Texas Kenworth Co. Fort Worth, Texas Kenworth Corporation and Mark Sims, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled September 30, 2004.

Attorney(s) appearing for the Case

M. Kevin Queenan, Queenan Law Firm, P.C., DeSoto, for Appellant.

James L. Williams, Williams, Peters & Parmelee, P.C., and Carolyn Mitchell, Law Office of Carolyn Mitchel, Fort Worth, for Appellee.

Before Justices MORRIS and WHITTINGTON.

OPINION

Opinion by Justice MORRIS.

In this wrongful death case, appellant Rutilio Ignacio Velasco, individually and as next friend to Josue Velasco, a minor, Erick Velasco, a minor, and Steven Velasco, a minor, and as Representative of the Estate of Gloria Oviedo Velasco, appeals the trial court's final judgment dismissing his claims with prejudice. On appeal, appellant makes three general arguments: first, he asserts his case was improperly transferred...

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