Pogue v. Duncan

OPINION ON REMAND

COLLEY, Justice.

On June 29, 1988, we delivered our original opinion in this cause, reversing the summary judgment in favor of the appel-lee, Darlene Duncan, and remanding the case for trial on the merits. Pogue v. Duncan, 753 S.W.2d 255 (Tex.App.-Tyler 1988). By a per curiam opinion, 1 the Supreme Court reversed our judgment and remanded the cause to this Court for consideration of the appellants’ points of error not previously addressed by us.

The Supreme Court, in reversing our judgment, stated that our “decision conflicts with Mays v. Fifth Court of Appeals,” 755 S.W.2d 78…