Fulcrum Central v. AutoTester, Inc.

OPINION

Opinion by

Justice LANG.

Fulcrum Central (“Fulcrum”) appeals the summary judgment rendered against it in favor of AutoTester, Inc. (“AutoTes-ter”). In two issues, Fulcrum contends the trial court erred in ruling that the parties had agreed to an implied novation of a commercial lease because (1) Fulcrum proved that no novation existed as a matter of law, or (2) alternatively, AutoTester failed to prove that no fact issues remained as to whether the parties had agreed to the novation. Additionally, in a third issue, Fulcrum argues it is entitled to summary judgment on AutoTester’s…