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MITCHELL v. BANK OF AMERICA, N.A.

No. 05-03-01592-CV.

156 S.W.3d 622 (2004)

Donna MITCHELL and Timothy T. Mitchell, Appellants, v. BANK OF AMERICA, N.A., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled March 10, 2005.

Attorney(s) appearing for the Case

Donna Kaye Rashti and Timothy T. Mitchell, Rashti and Mitchell, Dallas, for Appellant.

Eric Scott Lipper and Michael D. Conner, Hirsch & Westheimer, P.C., Houston, for Appellee.

Before Justices WRIGHT, RICHTER, and MAZZANT.

OPINION

Opinion by Justice WRIGHT.

Donna and Timothy Mitchell appeal a take nothing judgment based on a jury verdict in favor of Bank of America. In fifteen points of error, the Mitchells contend generally: (1) the trial court erred in excluding certain testimony and exhibits; (2) the trial court erred in denying an agreed continuance; (3) the evidence is factually insufficient to support the breach of contract finding; (4) Bank's counsel made improper jury...

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