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WHITAKER v. ROSE

No. 14-04-01178-CV.

218 S.W.3d 216 (2007)

Marcus Dunte WHITAKER, Appellant v. Lois ROSE, John Rose, Jr., and John Rose, III, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

February 6, 2007.

Attorney(s) appearing for the Case

Jason Andrew Powers, Houston, for appellants.

Melvin L. Lampley, Houston, for appellees.

Panel consists of Justices ANDERSON, EDELMAN, and FROST.

OPINION

JOHN S. ANDERSON, Justice.

This is a restricted appeal from a no-answer default judgment. Appellees, Lois Rose, John Rose, Jr., and John Rose, III ("the Roses"), sued appellant, Marcus Dunte Whitaker ("Whitaker"), for damages resulting from a car accident. Whitaker raises three issues on appeal. We affirm in part and reverse and remand in part.

FACTUAL AND PROCEDURAL BACKGROUND

On February 20, 2003, Lois Rose ("Lois") drove her...

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