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DUFF v. SPEARMAN

No. 09-09-00282-CV.

322 S.W.3d 869 (2010)

Charles DUFF, Individually, and Judith Lee Hunts, Individually and as the Independent Administrator of the Estate of David Scott Duff, Appellants, v. Michael SPEARMAN, Innova Aircraft, Inc., and Innova Ventures, Inc., Appellees.

Court of Appeals of Texas, Beaumont.

Decided September 9, 2010.

Attorney(s) appearing for the Case

Steven D. Sanfelippo , Martin E. Rose , Kevin A. Koudelka , Rose Walker, L.L.P., Dallas, Carlton Bryan Cantrell , Lanny Ray , Cantrell, Ray, Maltsberger & Marcus, PLLC, Huntsville, for appellants.

Gary Linn Evans , George Andrew Coats , Coats & Evans, P.C., The Woodlands, W. Scott Golemon , Haas & Golemon, L.L.P., Conroe, for appellees.

Before GAULTNEY, KREGER, and HORTON, JJ.

OPINION

HOLLIS HORTON, Justice.

This appeal arises from an experimental-airplane crash that caused the deaths of the airplane's pilot and passenger. We find no reversible error regarding the venue of the case. Although the trial court erred by refusing Charles Duff's request to withdraw a deemed admission, that error does not require a new trial. The trial court also erred in awarding taxable costs to Michael...

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