Legal Opinion

Greenville Independent School District v. B & J Excavating, Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided May 23, 1985No. 05-84-00423-CVPublished

1Opinion of the Court

694 S.W.2d 410 (1985)

GREENVILLE INDEPENDENT SCHOOL DISTRICT, Appellant,

v.

B & J EXCAVATING, INC., Appellee.

No. 05-84-00423-CV.

Court of Appeals of Texas, Dallas.

May 23, 1985.

Rehearing Denied July 1, 1985.

J. Harris Morgan, Greenville, for appellant.

W. Kyle Gooch, Dallas, for appellee.

Before STEPHENS, ALLEN and McCLUNG, JJ.

ALLEN, Justice.

Greenville Independent School District ("GISD") appeals from a summary judgment rendered in favor of B & J Excavating, Inc. We hold that as a matter of law the summary judgment based on breach of a statutory duty was granted in error; therefore, we reverse and…

Also in this document: Dissent.

2Cases cited15 opinions

  1. Tobin v. GarciaTexas Supreme Court · 1958
  2. State v. TerrellTexas Supreme Court · 1979
  3. Jessen Associates, Inc. v. BullockTexas Supreme Court · 1975
  4. Satterfield v. SatterfieldTexas Supreme Court · 1969
  5. City of Ingleside v. StewartCourt of Appeals of Texas · 1977

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