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METROPLEX GLASS CENTER v. VANTAGE PROPERTIES

No. 05-81-01228-CV.

646 S.W.2d 263 (1983)

METROPLEX GLASS CENTER, INC. and Jess W. Lewellyn, Sr., Appellant, v. VANTAGE PROPERTIES, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied February 14, 1983.

Attorney(s) appearing for the Case

Michael A. Robertson, Grand Prairie, for appellant.

Robert Harms Bliss, Richard S. Golombeck, Dallas, for appellee.

Before GUITTARD, C.J., and AKIN and STEPHENS, JJ.

AKIN, Justice.

This is an appeal by Metroplex Glass Center, Inc., from a summary judgment in favor of its lessor, Vantage Properties, Inc., for unpaid rentals under a lease. The principal question presented is whether Metroplex's response to Vantage's motion for summary judgment raises fact issues with respect to the Lessee's affirmative defenses. Since the Lessee's response incorrectly asserted that the movant had the burden of proof to negate its affirmative defenses...

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