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9029 GATEWAY SOUTH JOINT VENTURE v. ELLER MEDIA CO.

No. 08-03-00397-CV.

159 S.W.3d 183 (2004)

9029 GATEWAY SOUTH JOINT VENTURE, Appellant, v. ELLER MEDIA COMPANY, Appellee.

Court of Appeals of Texas, El Paso.

December 9, 2004.

Attorney(s) appearing for the Case

Mark Berry, El Paso, for Appellant.

Robert R. Feuille, El Paso, for Appellee.

Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

9029 Gateway South Joint Venture appeals from a summary judgment granted in favor of Eller Media Company. At issue is whether Eller Media properly amended its original answer to assert an affirmative defense which formed the basis of its motion for summary judgment. We affirm.

FACTUAL SUMMARY

On May 30, 2000, the Joint Venture entered into a written...

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