Fitz v. Days Inns Worldwide, Inc.

OPINION ON APPELLANT’S MOTION FOR REHEARING

Opinion by

PHYLIS J. SPEEDLIN, Justice.

The motion for rehearing filed by appellant, Bryon Fitz (“Fitz”), is denied. This court’s opinion and judgment dated October 1, 2003, are withdrawn, and this opinion and judgment are substituted. We substitute this opinion to consider evidence contained in a supplemental clerk’s record that was properly before the trial court.

Fitz appeals the summary judgment granted in favor of Days Inns Worldwide, Inc. (“DIW”). We affirm the judgment of the trial court. In addition, we deny DIW’s motion to dismiss this appeal…