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MITCHELL v. GARZA

No. 001-06-00959-CV.

255 S.W.3d 118 (2007)

Robert and Leta MITCHELL, Appellants, v. Arturo GARZA, Appellee.

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

December 6, 2007.

Attorney(s) appearing for the Case

George W. Dana, Attorney at Law, Houston, TX, for Appellants.

Martha Failing, Houston, TX, for Appellee.

Panel consists of Justices TAFT, HANKS, and HIGLEY.

OPINION

GEORGE C. HANKS, JR., Justice.

We withdraw our opinion and judgment issued on October 18, 2007 and issue this one in its stead. We deny appellants' motion for rehearing.

Robert and Leta Mitchell appeal the trial court's grant of a take-nothing judgment in favor of Arturo Garza. In three issues, the Mitchells contend that the trial court erred in (1) refusing to declare the existence of an easement...

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