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MURPHY v. GUTIERREZ

No. 02-11-00108-CV.

374 S.W.3d 627 (2012)

Ken MURPHY and Scott Toornburg, in his Official Capacity as Representative of the Estate of Deanna Kay Murphy, Appellants, v. Ed GUTIERREZ, Individually and d/b/a J.E. & Associates, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled August 9, 2012.

Reconsideration En Banc Overruled August 9, 2012.

Attorney(s) appearing for the Case

R. David Weaver , The Weaver Law Firm, P.C., Arlington, TX, for Appellants.

Jadd F. Masso , Strasburger & Price, L.L.P., Dallas, TX, for Appellee.

Panel: GARDNER, MEIER, and GABRIEL, JJ.

OPINION

BILL MEIER, Justice.

I. INTRODUCTION

Appellants Ken Murphy and Scott Toornburg, in his official capacity as representative of the estate of Deanna Kay Murphy (together, "the Murphys"), appeal the trial court's order dismissing their suit against appellee Ed Gutierrez, individually and d/b/a J.E. & Associates. In two issues, the Murphys contend that the trial court abused its discretion by dismissing their claims against Gutierrez because...

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