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POTEET v. SULLIVAN

No. 2-05-338-CV.

218 S.W.3d 780 (2007)

Phillip K. POTEET, Individually and as Next Friend for Jeffrey Poteet, a Minor, Appellant, v. Colin J. SULLIVAN, Henry Lucio, Byron Lake and Town of Flower Mound, Texas, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled February 2, 2007.

Attorney(s) appearing for the Case

Verner & Brumley, P.C. and Jimmy L. Verner, Jr., Dallas, for Appellant.

Fanning, Harper & Martinson, Thomas P. Brandt, and John F. Roehm, III, Dallas, for Appellee.

PANEL B: LIVINGSTON, HOLMAN, and McCOY, JJ.

OPINION ON REHEARING

BOB McCOY, Justice.

After considering our prior opinion on appellant's and appellees Colin J. Sullivan and Henry Lucio's motions for rehearing, we deny the motions, but withdraw our opinion and judgment dated November 30, 2006, and substitute the following.

I. INTRODUCTION

Appellant Phillip K. Poteet appeals the trial court's grant of summary judgment in favor of the Town of Flower Mound and Flower Mound police officers...

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