Suzanne McElwee and Hulan Dwight McElwee v. Estate of Howard E. Joham, et al.--Appeal from 272nd District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-98-045-CV

SUZANNE McELWEE AND

HULAN DWIGHT McELWEE,

Appellants

v.

ESTATE OF HOWARD E. JOHAM, ET AL,

Appellees

From the 272nd District Court

Brazos County, Texas

Trial Court # 42948-272

OPINION DENYING MOTION FOR REHEARING

Hulan Dwight McElwee complains in a motion for rehearing that affirmance of the trial court s order creates a contractual obligation where none existed. This is the first time he has raised this issue on appeal. By failing to raise this issue prior to submission, McElwee waived presentation and consideration of the complaint by this Court. Morrison v. Chan, 699 S.W.2d 205, 206-207 (Tex. 1985); Langston v. Eagle Publishing Co., 719 S.W.2d 612, 625 (Tex. App. Waco 1986, writ ref'd n.r.e.) (on motion for rehearing); see also Tex. R. App. P. 38.1(e). McElwee s motion for rehearing is denied.

TOM GRAY

Justice

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Motion for rehearing denied

Opinion delivered and filed March 1, 2000

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