Gator Apple, LLC v. Apple Texas Restaurants, Inc.

OPINION

Opinion by

Justice FILLMORE.

Gator Apple, LLC (Gator Apple) appeals from the trial court’s grant of summary judgment in favor of Apple Texas Restaurants, Inc. (Apple Texas) asserting, in four issues, that the trial court erred by concluding that Apple Texas is a third-party beneficiary of the entire franchise agreement between Gator Apple and Applebee’s International, Inc. (Applebee’s); applying Kansas law to determine whether the liquidated damages provision in the franchise agreement is an unenforceable penalty and to the breach of contract claim asserted by Apple Texas against Gator…