Reversed and Remanded and Majority and Dissenting Opinions filed May 22, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00996-CV

____________

GEORGE MATHIS, JR., Appellant

V.

RESTORATION BUILDERS, INC., Appellee

On Appeal from the 215th District Court

Harris County, Texas

Trial Court Cause No. 2002-45378C

D I S S E N T I N G   O P I N I O N

I do not agree with the majority opinion that Restoration=s failure to cover the hole could be a proximate cause of someone else covering it with a defective material.  Therefore, I would not reverse the summary judgment on that basis.

_____________________

Richard Edelman

Justice

Judgment rendered and Majority and Dissenting Opinions filed May 22, 2007.

Panel consists of Justices Fowler, Edelman, and Frost. (Fowler, J., majority)