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TOTAL CLEAN, LLC v. COX SMITH MATTHEWS INC.

No. 04-09-00392-CV.

330 S.W.3d 657 (2010)

TOTAL CLEAN, LLC, Appellant, v. COX SMITH MATTHEWS INCORPORATED f/k/a Cox & Smith Incorporated and Renee F. McElhaney, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled December 14, 2010.

Attorney(s) appearing for the Case

Ryan G. Anderson , McClenahan, Anderson & Styker, PLLC, San Antonio, TX, Steven M. Smoot , Smoot Law Firm, P.C., Houston, TX, William J. Skepnek , Skepnek Fagan Meyer & Davis, P.A., Lawrence, KS, for Appellant.

Casey L. Dobson , Scott Douglass & McConnico, L.L.P., Austin, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by: STEVEN C. HILBIG, Justice.

Total Clean, LLC appeals the summary judgment rendered in favor of Cox Smith Matthews Incorporated and Renee McElhaney. We affirm the take-nothing judgment on Total Clean's negligence, negligent misrepresentation, and fraud claims because Total Clean failed to present any evidence of actual damages in response to the motion for summary judgment. However, we reverse the judgment on Total Clean's breach of fiduciary...

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