Genender v. Kirkwood

This suit represents appellant Jamie Genender’s third suit on the same facts. In this suit, Genender appeals the trial court’s summary judgment in favor of Larry Kirk-wood and USA Store Fixtures, L.L.C. (“Store Fixtures”) on her claims for DTPA violations, fraud, unfair debt collection practices, and trespass arising out of her purchase of used shelving from Store Fixtures. The majority affirms the summary judgment on all claims except on Genen-der’s fraud claim, which it remands for trial.

I believe the majority’s opinion on Gen-ender’s fraud claim incorrectly construes Civil Practice and…