BERKEL COMPANYCONTRACTORS INC v. TYLER LEE AND LEIGH ANN LEE INDIVIDUALLY AND AS NEXT FRIEND OF SYDNEY ROSE LEE MINOR

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Court of Appeals of Texas, Houston (14th Dist.).

BERKEL & COMPANYCONTRACTORS, INC., Appellant v. TYLER LEE AND LEIGH ANN LEE, INDIVIDUALLY AND AS NEXT FRIEND OF SYDNEY ROSE LEE, A MINOR, Appellees

NO. 14-15-00787-CV

Decided: January 23, 2018

Panel consists of Justices Christopher, Jamison and Donovan. (Christopher, J., majority).

DISSENTING OPINION ON REHEARING

The majority grants in part appellees' motion for rehearing and remands this case, overturning the original decision to render judgment that appellees take nothing on their claims against appellant. I disagree that our opinion clarifies uncertain law. See Reed Tool Co. v. Copelin, 689 S.W.2d 404, 407 (Tex. 1985) (citing Restatement (Second) of Torts § 8A). As the opinion demonstrates, the specific-consequences requirement is not new law but well-established precedent. Because application of that precedent does not warrant a remand, I dissent to Part V of the majority opinion. See Levinson Alcoser Assocs., L.P. v. El Pistolon II, Ltd., 513 S.W.3d 487, 494 (Tex. 2017) (declining to remand in the interests of justice because the Court's opinion did not clarify uncertain law or overrule precedent).

John Donovan Justice

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