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BARTON v. RESORT DEVELOPMENT LATIN AMERICA, INC.

No. 05-11-00769-CV.

413 S.W.3d 232 (2013)

Timothy BARTON, JMJ Hospitality, L.L.C. and JMJ Holdings, L.L.C, Appellants v. RESORT DEVELOPMENT LATIN AMERICA, INC., Aliber Garcia and Eliud Garcia, Appellees.

Court of Appeals of Texas, Dallas.

October 16, 2013.

Attorney(s) appearing for the Case

Jonathan J. Cunningham , C. Gregory Shamoun , Shamoun & Norman, LLP, Dallas, for Appellants.

Hunter Mac Barrow , Thompson & Knight, LLP, Houston, William Banowsky , Richard B. Phillips, Jr. , Dallas, Charles Lestage , Houston, for Appellees.

Before Justices MOSELEY, BRIDGES, and LANG.

OPINION ON REHEARING

Opinion by Justice MOSELEY.

We overrule appellees' motion for rehearing. On our own motion, we withdraw our opinion of August 21, 2013, and vacate the judgment of August 21, 2013. The following is now the opinion of the Court.

Appellants Timothy Barton, JMJ Hospitality, L.L.C. and JMJ Holdings, L.L.C. appeal an adverse judgment in favor of appellees Resort Development Latin America, Inc. (f/k/a JMJ Development

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