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NOVA CAS. CO. v. TURNER CONST. CO.

No. 14-09-00733-CV.

335 S.W.3d 698 (2011)

NOVA CASUALTY COMPANY, Appellant, v. TURNER CONSTRUCTION COMPANY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 10, 2011.

Attorney(s) appearing for the Case

Byron C. Keeling , Ruth B. Downes , James D. Cupples , Sonia Michelle Mayo , Houston, for Appellant.

Jeff D. Lefkowitz , Houston, for Appellee.

Panel consists of Chief Justice HEDGES, Justice JAMISON, and Senior Justice MIRABAL.

SUBSTITUTE OPINION ON REHEARING

ADELE HEDGES, Chief Justice.

We deny appellant's motion for rehearing en banc as moot, withdraw our opinion of January 11, 2011, and issue this substitute opinion on rehearing. In this performance bond dispute, Nova Casualty Company ("Nova"), the surety, challenges the summary judgment granted in favor of Turner Construction Company ("Turner"), the surety bond obligee. In three issues, Nova asserts that the trial court erred...

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