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FOGAL v. STATURE CONST., INC.

No. 01-07-00456-CV.

294 S.W.3d 708 (2009)

Mary FOGAL and Robert Fogal, Appellants, v. STATURE CONSTRUCTION, INC., Jorge Casimiro, Tom Thibodeau and Bernie Kane, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

June 18, 2009.

Attorney(s) appearing for the Case

Andrew Sher, The Sher Law Firm, P.L.L.C., Kenneth Robert Jones, Law Offices of Kenneth R. Jones, L.L.P., Houston, TX, for Appellants.

Jerry L. Elmore, William S. Chesney III, William L. Van Fleet, Frank, Elmore, Lievens, Chesney & Turet, L.L.P., Houston, TX, for Appellees.

Panel consists of Justices KEYES, ALCALA, and TAFT.

OPINION

ELSA ALCALA, Justice.

Appellants, Mary Fogal and Robert Fogal, and appellees, Stature Construction, Inc., Jorge Casimiro, Tom Thibodeau, and Bernie Kane (collectively "Stature"), filed motions for rehearing. We requested from the Fogals a response to Stature's motion, and the Fogals responded. We grant rehearing and withdraw our opinion and judgment issued on January 29, 2009.

This is an appeal following the trial court's final judgment confirming...

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