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ASHBURN v. CAVINESS

No. 07-07-0443-CV.

298 S.W.3d 401 (2009)

Steve ASHBURN, Appellant, v. Spencer CAVINESS, Appellee.

Court of Appeals of Texas, Amarillo, Panel B.

October 7, 2009.

Attorney(s) appearing for the Case

Russel L. Robinson, Attorney at Law, Amarillo, TX, for Appellant.

John H. Lovell, Greg S. Freeman, Lowell Lowell Newsom & Isern, LLP, Amarillo, TX, for Appellee.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

OPINION

JAMES T. CAMPBELL, Justice.

Appellant Steve Ashburn appeals an adverse judgment rendered in favor of Spencer Caviness under the Texas Theft Liability Act.1 We will affirm.

Background

Caviness sued Ashburn under the Act alleging Ashburn shot and killed his one-year-old Labrador Retriever, Sadie. Trial was by jury and the court submitted a charge which included the following question and instruction:<...

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