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McLERNON v. DYNEGY, INC.

No. 14-09-00312-CV.

347 S.W.3d 315 (2011)

Lawrence A. McLERNON, Appellant, v. DYNEGY, INC., Appellee.

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

July 26, 2011.

Attorney(s) appearing for the Case

Daryl L. Moore , Houston, for appellant.

Douglas D. D'Arche , Dennis G. Herlong , Houston, for appellee.

Panel consists of Justices SEYMORE, BROWN, and BOYCE.

OPINION

CHARLES W. SEYMORE, Justice.

Appellant, Lawrence A. McLernon, appeals a summary judgment in favor of appellee, Dynegy, Inc., in its suit to recover $2,645,807.60 allegedly due under a promissory note and on McLernon's counterclaims for fraud. In a threshold issue, McLernon contends the judgment is not final because the trial court failed to order recovery of an ascertainable amount. Then, in four issues...

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