Barzoukas v. FOUNDATION DESIGN, LTD.

I withdraw my concurring and dissenting opinion dated February 2, 2012 and issue this substitute concurring and dissenting opinion.1

I concur with the majority’s holding that the record contains no evidence raising a fact issue regarding Barzoukas’s claims for fraud and fraudulent inducement. However, I respectfully dissent from the majori*842ty’s reversal of summary judgment on Barzoukas’s negligence claims because I believe (1) the economic loss rule forecloses his negligence claims against Smith and (2) Barzoukas failed to present evidence raising a fact issue relative to his negligence claims…