Legal Opinion

Fidelity Mutual Life Insurance Co. v. Robert P. Kaminsky, M.D., P.A.

Court of Appeals of Texas

Decided February 23, 1989No. B14-88-188-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

MURPHY, Justice.

The issue in this landlord-tenant case is whether sufficient evidence supports the jury’s findings that the landlord and appel lant, Fidelity Mutual Life Insurance Company [“Fidelity”], constructively evicted the tenant, Robert P. Kaminsky, M.D., P.A. [“Dr. Kaminsky”] by breaching the express covenant of quiet enjoyment contained in the parties’ lease. We affirm.

Dr. Kaminsky is a gynecologist whose practice includes performing elective abortions. In May 1983, he executed a lease contract for the rental of approximately 2,861 square feet in the Red Oak Atrium Building…

2Cases cited23 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Cain v. BainTexas Supreme Court · 1986
  3. Garza v. AlviarTexas Supreme Court · 1965
  4. Pool v. Ford Motor Co.Texas Supreme Court · 1986
  5. Stafford v. StaffordTexas Supreme Court · 1987

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

3Cited by13 opinions

  1. Holmes v. P.K. Pipe & Tubing, Inc., Texas Court of Appeals, 1st District (Houston)1993
  2. Colorado Interstate Corporation Colorado Interstate Gas Company v. The Cit Group/equipment Financing, Inc.Court of Appeals for the Tenth Circuit · 1993
  3. Goldman v. Alkek, Texas Court of Appeals, 13th District1993
  4. Williamson v. HowardCourt of Appeals of Texas · 2018
  5. Fidelity Mutual Life Insurance Co. v. Robert P. Kaminsky, M.D., P.A.Court of Appeals of Texas · 1992

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

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