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  5. 989 S.W.2d 69 (1998)
 

SOUTHWEST PROPERTIES v. LITE-DEC OF TEX.

No. 04-98-00146-CV.

989 S.W.2d 69 (1998)

SOUTHWEST PROPERTIES, L.P., a Delaware Limited Partnership; MF-SWP Joint Venture, a Texas Joint Venture, Southwest Property Trust, Inc. f/k/a Southwestern Property Trust, Inc., SWP Properties I, L.P. and SWP Developers, Inc., Appellants, v. LITE-DEC OF TEXAS, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled January 20, 1999.

Attorney(s) appearing for the Case

Fred D. Wilshusen, R. Sean McDonald, Thomas, Feldman & Wilshusen, L.L.P., Dallas, for appellant.

Tim Tynan, Law Office of Tim Tynan, San Antonio, for appellee.

Before PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice and CATHERINE STONE, Justice.

OPINION

CATHERINE STONE, Justice.

This is a case of first impression involving the Sham Contract provision found in section 53.026 of the Texas Property Code. The parties dispute whether section 53.026 provides a method of allocating liability to a property owner or whether the provision applies only for purposes of filing and perfecting a mechanic's lien. Because we find section 53.026 does not control liability, we reverse the judgment of the trial court...

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