Beard Family Partnership v. Commercial Indemnity Insurance Company

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-01-00443-CV Beard Family Partnership, Appellant v. Commercial Indemnity Insurance Company, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT NO. 99-11363, HONORABLE DARLENE BYRNE, JUDGE PRESIDING 44444444444444444444444444 DISSENTING OPINION 44444444444444444444444444 The majority today constructs an opinion from an argument that never arose at trial, was not mentioned by either side in their appellate briefs, and was not discussed by either side during oral argument. The appellants have been defeated by an…