Arbor Windsor Court, Ltd. v. Weekley Homes, LP

DISSENTING OPINION

John Donovan, Justice

Appellant, Arbor Windsor Court, Ltd. (“Arbor”), appeals the final judgment granting the “Motion for Entry of Judgment, or in the Alternative, Motion for Judgment Notwithstanding the Verdict” filed by appellee, Weekley Homes, LP. (“Weekley”). It is not clear from the final judgment which motion the trial court granted; therefore, in two issues, Arbor appeals the granting of both motions.

The majority affirms what it refers to as a “take-nothing judgment” in Weekley’s favor, holding a notice of default provision in the agreement between Arbor and Weekley…