Legal Opinion

Kizer v. Meyer, Lytton, Alen & Whitaker, Inc.

Texas Court of Appeals, 3rd District (Austin)

Decided May 25, 2007No. 03-05-00652-CVPublishedCited by 14 opinions

1Opinion of the Court

OPINION

G. ALAN WALDROP, Justice.

This case concerns whether an individual who had previously sued a structural engineering firm in county court at law for failure to install a “capping slab” on the foundation of his home may, after allegedly discovering additional damages to the home, file another lawsuit against the same structural engineering firm in the district court concerning the overall design of the home’s foundation.

In 2001, Robert D. Kizer discovered extensive cracks in the tile flooring of his house. He sued Meyer, Lytton, Alen & Whitaker, Inc. (“MLAW”), the structural engineering…

2Cases cited16 opinions

  1. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  2. Southwestern Electric Power Co. v. GrantTexas Supreme Court · 2002
  3. Joe v. Two Thirty Nine Joint VentureTexas Supreme Court · 2004
  4. Crown Life Insurance Company v. CasteelTexas Supreme Court · 2000
  5. Barr v. Resolution Trust Corp. Ex Rel. Sunbelt Federal SavingsTexas Supreme Court · 1992

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3Cited by14 opinions

  1. Genender v. KirkwoodCourt of Appeals of Texas · 2016
  2. City of Waco v. Williams, Texas Court of Appeals, 10th District (Waco)2006
  3. Dike v. Penn Ins. & Annuity Co.District Court, E.D. Pennsylvania · 2018
  4. Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc., Texas Court of Appeals, 3rd District (Austin)2015
  5. Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc., Texas Court of Appeals, 3rd District (Austin)2015

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