Parkway/Lamar Partners, L.P. v. Tom Thumb Stores, Inc.

OPINION

FARRIS, Justice.

Lessor, Parkway/Lamar Partners, L.P. (Parkway), sued lessee, Tom Thumb Stores, Inc. (Tom Thumb), to terminate a commercial real estate lease. Parkway moved for summary judgment on the ground that Tom Thumb and/or its guarantor, Cullum Companies, Inc. (Cullum), were in default because they were insolvent. Tom Thumb filed a counter-motion on the ground that it and Cullum were solvent, and the trial court entered judgment for Tom Thumb.

Parkway claims the trial court erred in denying its motion and in granting Tom Thumb’s. By cross-point, Tom Thumb claims Parkway’s…