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LIVELY v. CARPET SERVICES, INC.

No. 01-93-01143-CV.

904 S.W.2d 868 (1995)

Lorin W. LIVELY, Appellant, v. CARPET SERVICES, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled August 31, 1995.

Attorney(s) appearing for the Case

Leslie Werner de Soliz, Houston, for appellant.

Jeffery B. Kaiser, P.C., Houston, for appellee.

Before OLIVER-PARROTT, C.J., and MIRABEL and O'CONNOR, JJ.

OPINION

OLIVER-PARROTT, Chief Justice.

Appellant, Lorin W. Lively, appeals from a summary judgment granted in favor of appellee, Carpet Services, Inc ("CSI"). We reverse and remand.

BACKGROUND

Lively was the sole shareholder, officer and director of Wayward Development, Inc. ("Wayward"), a general contractor. CSI was a subcontractor in the business of providing and installing carpets. During the latter part of 1991 and early 1992, CSI provided...

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