Legal Opinion

Med. Imaging Solutions Grp., Inc. of Tex. v. Westlake Surgical, LP

Court of Appeals of Texas

Decided May 9, 2018No. 04-17-00285-CVPublishedCited by 9 opinions

1Opinion of the Court

Opinion by: Karen Angelini, Justice

Medical Imaging Solutions Group, Inc. of Texas ("MIS") sued Westlake Surgical, LP d/b/a The Hospital at Westlake Medical Center and WS GP, LLC (collectively, "Westlake") for breach of contract. A jury answered Question 3 of the jury charge affirmatively, finding that Westlake was excused from performance under the contract. The trial court then rendered a take-nothing judgment on MIS's claims. On appeal, MIS argues the trial court erred in submitting Question 3, which combined multiple affirmative defenses in a broad-form question. We conclude the trial…

2Cases cited19 opinions

  1. State Department of Highways & Public Transportation v. PayneTexas Supreme Court · 1992
  2. Crown Life Insurance Company v. CasteelTexas Supreme Court · 2000
  3. Roark v. AllenTexas Supreme Court · 1982
  4. Elbaor v. SmithTexas Supreme Court · 1993
  5. Jernigan v. LangleyTexas Supreme Court · 2003

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3Cited by9 opinions

  1. Bitterroot Holdings LLC (Cross-Appellee) v. HB Properties I LLC (Cross-Appellant), Texas Court of Appeals, 4th District (San Antonio)2018
  2. Charles Abernathy v. Ronald Cupp, Texas Court of Appeals, 11th District (Eastland)2025
  3. Frolamo, LLC v. Arturo Ortega, 3BU Family Partnership, 533 Properties Joint Venture, Kenneth Hausenfluck, Alberto Vela, and Freedom Bank, Texas Court of Appeals, 13th District2025
  4. New Braunfels Stewardship Properties, LLC and Harold T. Ray, III v. Circle F Investments, LP and Original DFI, LLC, Texas Court of Appeals, 3rd District (Austin)2025
  5. Repsol Oil and Gas USA, LLC as Successor of Talisman Energy USA Inc, Statoil Texas Onshore Properties, LLC, and Statoil Pipelines, LLC, and OGE, LLC v. Matrix Petroleum, LLC, Matrix Petroleum Holdings LLC, JAR Resources Holdings, L.P., and TMRX Petroleum, LLC, Texas Court of Appeals, 4th District (San Antonio)2023

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