ELNESS SWENSON v. RLJ II-C AUSTIN AIR

NO. 03-14-00738-CV.

520 S.W.3d 145 (2017)

ELNESS SWENSON GRAHAM ARCHITECTS, INC., Appellant. RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC, Cross-Appellants v. RLJ II-C AUSTIN AIR, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC, Appellees Elness Swenson Graham Architects, Inc., Cross-Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 3, 2017.

Rehearing En Banc Overruled May 3, 2017.


Attorney(s) appearing for the Case

Steven R. Baggett , Gregory N. Ziegler , Matthew R. Mum , Weston M. Davis , MacDonald Devin, PC, Dallas, TX for Appellant.

J. Stephen Gibson , Jessica Neufeld , Benton T. Wheatley , Tracy Lynn Paczkowsk McCreight , Munsch, Hardt, Kopf and Harr, Austin, TX, Michael W. Huddleston , Munsch Hardt Kopf & Harr PC, Dallas, TX for Appelee.

Before Chief Justice Rose, Justices Puryear, Pemberton, Goodwin, Field and Bourland;


ON MOTION FOR RECONSIDERATION EN BANC

OPINION

RLJ filed a motion for rehearing, motion for reconsideration en banc, and motion to redesignate our "Memorandum Opinion" as an "Opinion." We deny RLJ's motion for rehearing, grant in part and overrule in part RLJ's motion for reconsideration...

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