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MARTIN v. BIRENBAUM

No. 05-04-00939-CV.

193 S.W.3d 677 (2006)

Patrick Stephen MARTIN, Appellant, v. Dennis H. BIRENBAUM, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled June 22, 2006.

Attorney(s) appearing for the Case

Julia F. Pendery, Robert C. Wiegand, Shawn M. McCaskill, Donald E. Godwin, Godwin Gruber, LLP, Dallas, for appellant.

Dennis Birenbaum, Stephen F. Malouf, The Law Office of Stephen F. Malouf, P.C., Ernesto D. Sigmon, Law Office of Ernesto D. Sigmon, Dallas, for appellee.

Before Justices WHITTINGTON, FRANCIS and LANG.

OPINION

Opinion by Justice FRANCIS.

A jury awarded Patrick Stephen Martin actual damages plus attorney's fees for Dennis H. Birenbaum's breach of a contract to purchase appellant's residence. Appellee then filed a motion for judgment non obstante verdicto contending appellant elected to accept liquidated damages, and waived his right to sue for actual damages. The trial court granted JNOV, and this appeal ensued.

In his sole issue, appellant contends...

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