Legal Opinion

Ganske v. Spence

Texas Court of Appeals, 10th District (Waco)

Decided January 28, 2004No. 10-01-315-CVPublishedCited by 26 opinions

1Opinion of the Court

OPINION

TOM GRAY, Chief Justice.

The trial court granted summary judgment for Donna Spence, as independent executor of the estate of Wayman R. Spence. Jary and Shirley Ganske complain that the contract provision at issue is ambiguous. Further, Jary and Shirley argue that summary-judgment evidence was improperly excluded and that their claims are not barred by res judicata. Accordingly, Jary and Shirley assert that the trial court erred in granting the summary judgment. Because we hold the summary-judgment evidence was properly excluded and the indemnity provision is unambiguous, we affirm the…

2Cases cited15 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  3. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  4. Star-Telegram, Inc. v. DoeTexas Supreme Court · 1996
  5. Friendswood Development Co. v. McDade + Co.Texas Supreme Court · 1996

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3Cited by26 opinions

  1. Offshore Drilling Co. v. Gulf Copper & Manufacturing Corp.Court of Appeals for the Fifth Circuit · 2010
  2. Spradley v. SpradleyDistrict Court of Appeal of Florida · 2017
  3. John James Harkins v. North Shore Energy, L. L. C., Texas Court of Appeals, 13th District2014
  4. Sinu v. Concordia UniversityNebraska Supreme Court · 2023
  5. Albemarle Corp. v. MEMC ELECTRONIC MATERIALS, INC.District Court, S.D. Texas · 2010

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