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BORNE v. ESTATE OF CARRAWAY

No. 2011-CA-00267-SCT.

118 So.3d 571 (2013)

Michael BORNE, Honey E. Holman, Eastover Lake Association, and Bryant M. Allen, et al. v. ESTATE OF T.L. CARRAWAY, Jr.; Thomas L. Carraway, Jr. Living Trust and City of Jackson, Mississippi and City of Jackson, Mississippi v. Estate of T.L. Carraway, Jr.; Eastover Lake Association; Michael Borne; Honey E. Holman; and Bryant M. Allen, et al.

Supreme Court of Mississippi.

July 18, 2013.

Attorney(s) appearing for the Case

Toby Justin Gammill , David E. Stovall , Jackson, Samuel E.L. Anderson , Clyde X. Copeland , Matthew W. Vanderloo , Tiffany Piazza Grove , Reeve G. Jacobus, Jr. , Ridgeland, Thomas Y. Page , Jackson, Thurman Lavelle Boykin, III , Patrick M. Tatum , William Lock Morton, III , Ridgeland, Donald Partridge , Jackson, attorneys for appellants.

James Anderson, Jr. , Jon Heath Powell , Connie Marie Smith , Flowood, Pieter John Teeuwissen , Lara E. Gill , Ridgeland, attorneys for appellees.

EN BANC.

ON MOTION FOR REHEARING

KITCHENS, Justice, for the Court:

¶ 1. The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor.

¶ 2. An underground culvert system failed and caused a large sinkhole behind the Carraway residence. The culvert system drains Eastover Lake, which is owned by the surrounding property owners (collectively, "the Lake Owner Defendants") and maintained...

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