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JNY, L.P. v. RABA-KISTNER CONSULTANTS, INC.

No. 08-07-00253-CV.

311 S.W.3d 584 (2010)

JNY, L.P., and JNY, II, L.P., Appellants, v. RABA-KISTNER CONSULTANTS, INC., and Raba-Kistner-Anderson Consultants, Inc., d/b/a Raba-Kistner Consultants (SW), Inc., Appellees.

Court of Appeals of Texas, El Paso.

January 27, 2010.

Attorney(s) appearing for the Case

Randy Lee, Attorney at Law, Midland, TX, for Appellants.

Todd C. Collins, Houston, TX, for Appellees.

Before McCLURE, J., RIVERA, J., and SALAS-MENDOZA, Judge SALAS-MENDOZA, Judge, sitting by assignment.

OPINION

ANN CRAWFORD McCLURE, Justice.

JNY, L.P. and JNY II, L.P., collectively JNY, appeal the trial court's order dismissing with prejudice the negligence counterclaims alleged against Raba-Kistner Consultants, Inc., and Raba-Kistner-Anderson Consultants, Inc. d/b/a Raba-Kistner Consultants (SW), Inc., collectively Raba-Kistner. For the reasons that follow, we reverse and remand.

FACTUAL BACKGROUND

In the trial court, Raba-Kistner...

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