Teer v. Duddlesten

ON MOTION FOR REHEARING

POPE, Chief Justice.

We grant the motion for rehearing, withdraw our former opinion and judgment of July 20,1983, and substitute this opinion reversing the judgments of the courts below.

In this appeal from a summary judgment, the question is whether the trial court erred in granting a final rather than a partial summary judgment. Plaintiffs Reggie Teer and Andy Hunsicker sued City of Bel-laire, Wayne B. Duddlesten, and H-R-D-37, Ltd. Plaintiffs sought a declaratory judgment declaring a city ordinance invalid. Two of the defendants, Duddlesten and HR-D-37, moved for a…