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PLUNKETT v. NALL

No. 14-11-00356-CV.

374 S.W.3d 584 (2012)

John B. PLUNKETT, Appellant v. Justin Curtis NALL, Robert W. Nall, and Olga L. Nall, Appellees.

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

June 26, 2012.

Attorney(s) appearing for the Case

Charles Henry Peckham , Houston, for appellant.

Lawrence B. Greer , Houston, Jason L. Wren , Dallas, David Hill Bradley , Houston, for appellees.

Panel consists of Justices SEYMORE, BOYCE, and MIRABAL.

MAJORITY OPINION

CHARLES W. SEYMORE, Justice.

Appellant, John B. Plunkett, appeals a summary judgment in favor of appellees, Justin Curtis Nall, Robert W. Nall, and Olga L. Nall (collectively "the Nalls"), in Plunkett's negligence suit. In his sole issue, Plunkett contends the trial court erred by granting summary judgment because the Nalls moved for summary judgment on a negligence theory that was different from the claim pleaded by Plunkett. We reverse...

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