DRC Parts & Accessories, L.L.C. v. VM Motori, S.P.A.

MAJORITY OPINION ON REHEARING EN BANC

RICHARD H. EDELMAN, Justice.

Appellant’s motion for rehearing en banc is granted, the majority and dissenting opinions issued in this case on October 17, 2002, are -withdrawn, and the following majority and dissenting opinions on rehearing en banc are issued in their place.

In this breach of contract and fraud case, DRC Parts & Accessories, L.L.C. (“DRC”), appeals a summary judgment entered in favor of VM Motori, S.P.A. (“VM”) on the grounds that its summary judgment evidence raised a fact issue on each of its two claims against DRC. We affirm.

Background

Befor…