DALLAS - The Fifth District Texas Court of Appeals on March 19 overturned summary judgment on a claim for breach of the implied warranty of habitability brought against a construction firm by a homeowner, ruling that the trial court erred in considering some of the defendant's summary judgment evidence (Kay Yost v. Jered Custom Homes, No. 05-11-01589-CV, Texas App., 5th Dist.; 2013 Tex. App. LEXIS 2858)....(read more)
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