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REYES v. SAENZ

No. 04-08-00021-CV.

269 S.W.3d 675 (2008)

Xavier REYES and Wife Maria del Rosario T. Reyes, Appellants, v. Eligio E. SAENZ, Jr. and Wife Martha Saenz, Appellees.

Court of Appeals of Texas, San Antonio.

August 29, 2008.

Attorney(s) appearing for the Case

Jaime Omar Garza, The Law Office of Jaime Omar Garza, Alice, TX, for Appellant.

R. Michael Appell, Adami, Paisley & Appell, P.C., Alice, TX, for Appellee.

Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court's summary judgment rendered in favor of appellees. In an opinion and judgment dated July 9, 2008, we reversed and remanded after a determination that appellees did not establish their entitlement to summary judgment as a matter of law. Appellees filed a motion for rehearing. To clarify our discussion on the issue of necessity, we vacate our earlier judgment, withdraw...

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