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DYNEGY, INC. v. YATES

No. 11-0541.

422 S.W.3d 638 (2013)

DYNEGY, INC., Petitioner, v. Terry W. YATES, individually, and Terry W. Yates, P.C., Respondents.

Supreme Court of Texas.

Rehearing Denied March 21, 2014.

Attorney(s) appearing for the Case

Russell S. Post , David M. Gunn , David J. Beck , Beck Redden, LLP, Christopher Mohr Odell , Hogan Lovells L.L.P., Bruce D. Oakley , Houston, TX, for Petitioner Dynegy, Inc.

Wanda McKee Fowler , Thomas C. Wright , Kathleen S. Rose , Elizabeth Holman Rivers , Wright & Close LLP, Lloyd E. Kelley , The Kelley Law Firm, Houston, TX, for Respondents Terry W. Yates.

Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice JOHNSON, Justice WILLETT, Justice LEHRMANN, and Justice BOYD joined.

The statute of frauds' suretyship provision provides that an oral promise "by one person to answer for the debt, default, or miscarriage of another person" is generally unenforceable. See TEX. BUS. & COM. CODE § 26.01(a), (b)(2). Dynegy...

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