Rodriguez v. Classical Custom Homes, Inc.

OPINION

Opinion by

Justice MORRIS.

In this appeal, Robert and Corina Rodriguez challenge the trial court’s granting of a summary judgment in favor of Classical Custom Homes, Inc. on the home builder’s claim for breach of contract. The Rodri-guezes argue, among other things, that they presented sufficient summary judgment evidence either to establish their affirmative defense of waiver as a matter of law or, at a minimum, to raise a material fact issue about whether Classical waived its rights under the contract provision at issue. Concluding the summary judgment evidence raised a material issue…