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KIZER v. MEYER, LYTTON, ALEN & WHITAKER, INC.

No. 03-05-00652-CV.

228 S.W.3d 384 (2007)

Robert D. KIZER, Appellant, v. MEYER, LYTTON, ALEN & WHITAKER, INC. d/b/a MLAW Consultants and Engineers, Appellee.

Court of Appeals of Texas, Austin.

May 25, 2007.

Attorney(s) appearing for the Case

Anatole R. Barnstone, Law Office of Anatole Barnstone, Travis R. Phillips, Law Offices of Travis R. Phillips, PC, Austin, for appellant.

Benton T. Wheatley, Ryan M. Nord, Allensworth & Porter, LLP, Austin, for appellee.

Before Chief Justice LAW, Justices PURYEAR and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

This case concerns whether an individual who had previously sued a structural engineering firm in county court at law for failure to install a "capping slab" on the foundation of his home may, after allegedly discovering additional damages to the home, file another lawsuit against the same structural engineering firm in the district court concerning the overall design of the home's foundation.

In 2001, Robert...

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