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WEBWORLD MARKETING GROUP, L.L.C. v. THOMAS

No. 01-04-00749-CV.

249 S.W.3d 19 (2007)

WEBWORLD MARKETING GROUP, L.L.C., Appellant, v. Tommie THOMAS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled January 11, 2008.

Attorney(s) appearing for the Case

Gus E. Pappas, Dabney & Pappas, Houston, TX, for appellant.

Sandra D. Hachem, Stephen A. Smith, Senior Assistant County Attorneys, Houston, TX, for appellee.

Panel consists of Justices NUCHIA, KEYES, and HANKS.

OPINION ON REHEARING

GEORGE C. HANKS, JR. Justice.

We withdraw our opinion and judgment of March 22, 2007 and issue the following in its stead.

Webworld Marketing Group, L.L.C. ("Webworld"), appellant, filed this action against Tommy Thomas ("the Sheriff")1 alleging that the Sheriff unlawfully denied Webworld's application for a Sexually Oriented Business ("SOB") permit. At trial, a jury was asked to find "from a preponderance...

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