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HOLMES v. CONCORD HOMES, LTD.

No. 06-02-00023-CV.

115 S.W.3d 310 (2003)

T. Gwen HOLMES and Joseph S. Ewanowski, Appellants, v. CONCORD HOMES, LTD., Concord Custom Homes, Ltd., Tolmas Enterprises, L.L.C. and Alan T. Tolmas, Appellees.

Court of Appeals of Texas, Texarkana.

Decided September 4, 2003.

Rehearing Overruled September 30, 2003.

Attorney(s) appearing for the Case

Lindy D. Jones, Jones, Allen & Fuquay, LLP, Dallas, for appellant.

Carl J. Wilkerson, Robert L. Russell Bush, Bush & MOtes, PC, Arlington, Evan Lane (Van) Shaw, Shaw & Lemon, Dallas, for appellee.

Evan Lane (Van) Shaw, for Concord Homes, Ltd.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

T. Gwen Holmes and Joseph S. Ewanowski (hereafter Plaintiffs) sued Concord Homes, Ltd., Concord Custom Homes, Ltd., Tolmas Enterprises, L.L.C., and Alan T. Tolmas (hereafter Defendants), alleging three causes of action: breach of a real estate contract, Deceptive Trade Practices Act violations, and fraud, as well as seeking damages, an accounting, and establishment of a constructive trust. Plaintiffs also sought...

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