Further Motion for Rehearing Overruled; Affirmed in Part, Reversed and Remanded in Part; Memorandum Opinion of August 18, 2005 Withdrawn and Majority and Dissenting Opinions on Rehearing filed April 27, 2006.

 

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-03-00538-CV

____________

 

THOMAS A. DARDAS, INDIVIDUALLY AND D/B/A DARDAS & ASSOCIATES AND BILL OGLETREE, P.C. A/K/A OGLETREE LAW FIRM, Appellants

 

V.

 

FLEMING, HOVENKAMP & GRAYSON, P.C., FLEMING LAW FIRM, PLLC, AND FLEMING & ASSOCIATES, L.L.P., Appellees

 

 

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 02-19156

 

 

D I S S E N T I N G  O P I N I O N   O N   R E H E A R I N G

Upon careful consideration, I conclude that the February 1998 contract  unambiguously applies only to cases in which the clients were referred by Dardas or Ogletree or in which Dardas and Ogletree performed work.  Therefore, the trial court correctly granted summary judgment as to all claims.  I would grant rehearing and affirm the trial court=s judgment.  Accordingly, I respectfully dissent. 

 

 

/s/     Joe L. Draughn

         Senior Justice

 

 

Judgment rendered, Memorandum Opinion of August 18, 2005 Withdrawn, and Substitute Majority Opinion and Dissenting Opinion on Rehearing filed April 27, 2006.

 

Panel consists of Justices Frost, Guzman, and Draughn.^[1]  (Frost, J., majority).