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HOPPENSTEIN PROPERTIES, INC. v. MCAD

No. 10-09-00426-CV.

341 S.W.3d 16 (2010)

HOPPENSTEIN PROPERTIES, INC., Appellant, v. McLENNAN COUNTY APPRAISAL DISTRICT, Appellee.

Court of Appeals of Texas, Waco.

December 22, 2010.

Attorney(s) appearing for the Case

Christie L. Ryan , Dunnam & Dunnam LLP, Waco, for Appellant.

D. Kirk Swinney , McCreary Veselka Bragg & Allen, Round Rock, for Appellee.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.

OPINION ON REHEARING

FELIPE REYNA, Justice.

Hoppenstein Properties, Inc. sued the McLennan County Appraisal District ("MCAD") for breach of a commercial lease after MCAD abandoned the leased premises. The trial court granted MCAD's partial plea to the jurisdiction on Hoppenstein's claim for future damages. On original submission, this Court affirmed the judgment, holding that the commercial lease is not a contract for goods or services under section 271...

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