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MILLER v. McCARTY

No. 06-10-00007-CV.

323 S.W.3d 612 (2010)

Tony MILLER, Individually and d/b/a Tony Miller Renovations & Construction, Appellant, v. Gail McCARTY, Appellee.

Court of Appeals of Texas, Texarkana.

Decided September 21, 2010.

Attorney(s) appearing for the Case

Courtney S. Floyd , Richard W. Espey , Espey & Associates, PC, San Antonio, for appellant.

Michael A. Friedman , Friedman Law Office, Texarkana, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice MOSELEY.

Spencer and Gail McCarty experienced problems with their Bowie County home which appeared to be caused by flaws in its foundation. In November or December 2007, Spencer made contact with a family friend, Tony Miller, doing business as Tony Miller Renovations and Construction, to repair the foundation. Spencer died during December 2007 and Gail contracted with Miller to perform the work, this being the construction of pilings...

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