Casey v. Hodges

ON MOTION FOR REHEARING

Appellee has filed a motion for rehearing, in which he raises four points of error for reversal of this Court’s panel opinion. The majority of the panel, having determined the motion to be without merit, has overruled the motion. After reconsidering the matter, I find merit to appellee’s fourth point of error raised in the motion for rehearing.

Appellee’s contention that appellants did not properly plead the special venue provisions of Sec. 17.56 of the Texas Deceptive Trade Practices Act, Tex. Business & Comm.Code, should be sustained and the judgment be affirmed as to…