Legal Opinion

Tribble & Stephens Co. v. RGM Constructors, L.P.

Texas Court of Appeals, 14th District (Houston)

Decided February 10, 2005No. 14-02-01062-CVPublishedCited by 49 opinions

1Opinion of the Court

PLURALITY OPINION

CHARLES W. SEYMORE, Justice.

In this breach of contract case, Tribble & Stephens Company (“T & S”) appeals a summary judgment in favor of RGM Constructors, L.P. (“RGM”)1 on the grounds that: (1) RGM failed to comply with a contractual condition precedent to litigation; (2) there were disputed fact issues concerning RGM’s performance under the *633contract; (3) the trial court erred in: (a) sustaining RGM’s objections to T & S’s summary judgment evidence, and (b) refusing to grant leave to amend that evidence; (4) the trial court granted RGM more relief than requested; and (5) the…

Also in this document: Concurring in part, dissenting in part.

2Cases cited75 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  3. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  4. Coker v. CokerTexas Supreme Court · 1983
  5. McConnell v. Southside Independent School DistrictTexas Supreme Court · 1993

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3Cited by49 opinions

  1. Rasheed Al Rushaid v. National Oilwell VarcCourt of Appeals for the Fifth Circuit · 2014
  2. 7-Eleven, Inc. v. Combs, Texas Court of Appeals, 3rd District (Austin)2010
  3. AUBRIS RESOURCES v. St. Paul Fire and Marine Ins.Court of Appeals for the Fifth Circuit · 2009
  4. In Re Enron Corp. Securities, DerivativeDistrict Court, S.D. Texas · 2005
  5. Clear Creek Independent School District v. Cotton Commerical USA, Inc. F/K/A Cottonwood Debris Company, LLCCourt of Appeals of Texas · 2017

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