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TODD v. PERRY HOMES

No. 05-04-00396-CV.

156 S.W.3d 919 (2005)

Michael and Elaine TODD, Appellant, v. PERRY HOMES, A Joint Venture, Appellee.

Court of Appeals of Texas, Dallas.

March 7, 2005.

Attorney(s) appearing for the Case

Jeffrey Lee Clark, Kelsoe, Anderson, Khoury & Clark, P.C., Dallas, TX, for Appellant.

Mike F. Pipkin, Sedgwick, Detert, Moran & Arnold, Stacy R. Obenhaus, Gregory Harwell, Jeremy Martin, Gardere Wynne Sewell LLP, Dallas, TX, for Appellee.

Before Justices MORRIS, MOSELEY, and FITZGERALD.

OPINION

Opinion By Justice MORRIS.

In this case arising out of the alleged faulty construction of a home, the trial court granted Perry Homes' no-evidence motion for summary judgment on Michael and Elaine Todd's claims for breach of implied warranty of habitability and unconscionable conduct under the Texas Deceptive Trade Practices Act. The Todds raise three issues on appeal arguing there were genuine issues...

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