JAMES M. CLIFTON, INC. v. PREMILLENIUM, LTD.

No. 05-06-00826-CV.

229 S.W.3d 857 (2007)

JAMES M. CLIFTON, INC. and James M. Clifton, Appellants v. PREMILLENIUM, LTD., Appellee.

Court of Appeals of Texas, Dallas.

July 27, 2007.


Attorney(s) appearing for the Case

Robert L. Hoffman, Harvey G. Joseph, Law Offices of Harvey G. Joseph, Dallas, for Appellants.

D. Woodard Glenn, Dallas, for Appellee.

Before Justices MORRIS, WRIGHT, and FITZGERALD.


OPINION

Opinion by Justice FITZGERALD.

James M. Clifton, Inc. and James M. Clifton (together, "Clifton"), appeal a summary judgment in favor of appellee Premillenium, Ltd. For the reasons discussed below, we reverse the judgment of the trial court and remand this cause for further proceedings.

BACKGROUND

In an earlier lawsuit, Premillenium sued Clifton and others in a dispute arising out of their participation in the construction and operation...

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