ExxonMobil Corp. v. Kirkendall

OPINION

ON APPELLEE’S MOTION FOR REHEARING

Opinion by

SANDEE BRYAN MARION, Justice.

In an opinion and judgment dated July 7, 2004, we reversed the trial court’s judgment in favor of appellees, Lonzo Kirken-dale and Patricia Wagner, and rendered a take-nothing judgment in favor of appellants. The appellees filed a motion for rehearing in which they assert rendition was improper and, instead, this court should have remanded the cause for further proceedings on certain “pretermitted” causes of action. Appellants filed a response in which they objected to appellees’ requested relief. We agree with…