Carrico v. Kondos

OPINION

TERRIE LIVINGSTON, Justice.

Introduction

Appellants Bernard V. Carrico, Jr. and Judith A. Carrico (Carricos) appeal from a summary judgment dismissing with prejudice their claims against appellees George Kondos and Carol Kondos (Kondoses). We reverse the summary judgment and remand the case to the trial court.

Factual Background

In December 1990 the Carricos conveyed a tract of real property in Flower Mound to the Kondoses. In February 1991 the Kondoses and the Carricos executed an Agreement (ROFR), in which the Kondoses agreed to give the Carricos written notice of any bona fide third…