Legal Opinion

Sanders v. Construction Equity, Inc.

Texas Court of Appeals, 9th District (Beaumont)

Decided June 14, 2001No. 09-00-155 CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION ON MOTIONS FOR REHEARING

GAULTNEY, Justice.

Both appellants and appellee have filed motions for rehearing. We consider appel-lee’s motion first.

On Motion for Rehearing appellee essentially makes two arguments: First, ap-pellee claims that RCLA does provide a complete liability scheme; second, appellee claims that since appellants’ third amended petition does not plead exemplary damages and the parties did not address the issue, we exceeded our authority in addressing the issue. We write further to provide additional explanation.

Preemptive Effect of RCLA: Appellee urges this court to…

2Cases cited5 opinions

  1. Cash America International Inc. v. BennettTexas Supreme Court · 2000
  2. In Re Kimball Hill Homes Texas, Inc., Texas Court of Appeals, 14th District (Houston)1998
  3. Bruce v. Jim Walters Homes, Inc., Texas Court of Appeals, 4th District (San Antonio)1997
  4. Perry Homes v. AlwattariCourt of Appeals of Texas · 2001
  5. O'Donnell v. Roger Bullivant of Texas, Inc.Court of Appeals of Texas · 1997

3Cited by3 opinions

  1. Steak & Ale of Texas, Inc. v. BornemanCourt of Appeals of Texas · 2002
  2. Bryan Smith D/B/A Vision Design and Build v. Robert Overby and Teresa Overby, Texas Court of Appeals, 4th District (San Antonio)2016
  3. Steak & Ale of Texas, Inc. v. BornemanCourt of Appeals of Texas · 2002

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