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RORIE v. GOODWIN

No. 12-04-00006-CV.

171 S.W.3d 579 (2005)

Kenneth L. RORIE d/b/a Kentex, Appellant, v. James R. GOODWIN and Wife, Linda B. Goodwin, Appellees.

Court of Appeals of Texas, Tyler.

July 29, 2005.

Attorney(s) appearing for the Case

Tom D. Rorie, for appellant.

Celia S. Flowers, Cooper, Flowers, Fraser & Derryberry, L.L.P., Tyler, Michael W. Janecek, for appellees.

Panel consisted of WORTHEN, C.J., GRIFFITH, J. and DeVASTO, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

Kenneth L. Rorie d/b/a Kentex ("Rorie") appeals the trial court's denial of his motion for new trial following a summary judgment granted in favor of James R. Goodwin and wife, Linda B. Goodwin ("Goodwins"). In four issues, Rorie contends that the summary judgment was improperly granted by the trial court. We reverse and remand.

BACKGROUND

Rorie filed a suit for declaratory judgment...

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