Danny Vaughan and Kathleen Vaughan v. Ross Phillips D/B/A Ready-Homes & On-Site Construction

NO. 07-06-0208-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

APRIL 30, 2008

______________________________

DANNY VAUGHAN AND KATHLEEN VAUGHAN,

Appellants

v.

ROSS PHILLIPS d/b/a READY-BUILT HOMES AND

ON-SITE CONSTRUCTION,

Appellee

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FROM THE 110TH DISTRICT COURT OF BRISCOE COUNTY;

NO. 3100; HON. JOHN R. HOLLUMS, PRESIDING

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Before QUINN, CJ. and CAMPBELL and PIRTLE, JJ.

CONCURRING OPINION

Concurring in the result reached by the majority, I write to clarify what I perceive to be a misconception by the parties…