George Mathis, Jr. v. Restoration Builders, Inc--Appeal from 215th District Court of Harris County

Reversed and Remanded and Majority and Dissenting Opinions filed May 22, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-05-00996-CV

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GEORGE MATHIS, JR., Appellant

V.

RESTORATION BUILDERS, INC., Appellee

On Appeal from the 215th District Court

HarrisCounty, Texas

Trial Court Cause No. 2002-45378C

D I S S E N T I N G O P I N I O N

I do not agree with the majority opinion that Restoration=s failure to cover the hole could be a proximate cause of someone else covering it with a defective material. Therefore, I would not reverse the summary judgment on that basis.

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Richard Edelman

Justice

Judgment rendered and Majority and Dissenting Opinions filed May 22, 2007.

Panel consists of Justices Fowler, Edelman, and Frost. (Fowler, J., majority)