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2900 SMITH, LTD. v. CONSTELLATION NEWENERGY

No. 14-08-00061-CV.

301 S.W.3d 741 (2009)

2900 SMITH, LIMITED and Katie Pham, Appellants, v. CONSTELLATION NEWENERGY, INC., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

November 5, 2009.

Attorney(s) appearing for the Case

Kyle Leslie Courtney, Houston, for appellants.

Kelley E. Abbott, Houston, for appellee.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.

SUBSTITUTE OPINION

JOHN S. ANDERSON, Justice.

Appellants, 2900 Smith Limited ("2900 Smith") and Katie Pham's Motion for Rehearing En Banc is overruled, our memorandum opinion of July 21, 2009 is withdrawn, and the following substitute opinion is issued in its place.

Appellants appeal from a judgment entered following a bench trial of a suit on a sworn account. We affirm.

FACTUAL AND PROCEDURAL...

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