Legal Opinion

Sedona Contracting, Inc. v. Ford, Powell & Carson, Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided May 3, 1999No. 04-98-00531-CVPublishedCited by 26 opinions

1Opinion of the Court

OPINION

Opinion by:

ALMA L. LÓPEZ, Justice.

This is an appeal from the trial court’s granting of summary judgment in favor of the defendants, Ford, Powell and Carson, Inc. (“FPC”) and Boone Powell. Appellant, Sedona Contracting, Inc. (“Sedona”), asserts two issues on appeal. First, Sedo-na contends that a waiver clause in an invitation to bid form violates public policy. Second, Sedona asserts that the appellees failed to establish the affirmative defense of waiver. On review, we conclude appel-lees established the elements of waiver as a matter of law. We affirm the judgment of the trial court.

S…

2Cases cited17 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  3. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  4. Commissioners Court of Titus County v. AganTexas Supreme Court · 1997
  5. Tenneco Inc. v. Enterprise Products Co.Texas Supreme Court · 1996

12 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Labrado v. County of El Paso, Texas Court of Appeals, 8th District (El Paso)2004
  2. El Paso Community Partners v. B & G/Sunrise Joint Venture, Texas Court of Appeals, 3rd District (Austin)2000
  3. Sparks v. Booth, Texas Court of Appeals, 5th District (Dallas)2007
  4. Ferguson v. FergusonCourt of Appeals of Texas · 2003
  5. In Re State Farm Lloyds, Inc., Texas Court of Appeals, 8th District (El Paso)2005

21 more not listed; retrieve them via the Exa API.

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