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McDANIEL v. BENNETT

No. 07-06-0250-CV.

295 S.W.3d 675 (2008)

Richard McDANIEL, Individually and d/b/a Richard McDaniel, Inc., d/b/a B.R. Roofing, a/k/a B & R Roofing, Appellant, v. Benny BENNETT and Wife, Mary Bennett, Appellees.

Court of Appeals of Texas, Amarillo.

Concurring and Dissenting opinion on Denial of Rehearing June 20, 2008.

Attorney(s) appearing for the Case

Harold H. Pigg, Law Office of Harold H. Pigg, Lubbock, for Appellant.

James C. Fling, Adkins & Fling, Shamrock, for Appellee.

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

JAMES T. CAMPBELL, Justice.

This is a restricted appeal from a post-answer default judgment granted against appellant, Richard McDaniel, individually and d/b/a Richard McDaniel, Inc., d/b/a B.R. Roofing, a/k/a B & R Roofing ("McDaniel"), and in favor of appellees, Benny Bennett and his wife Mary Bennett. Finding the Bennetts' evidence of damages was legally insufficient, we will reverse and render judgment.

In their suit, the...

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