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CABO CONST., INC. v. R S CLARK CONST., INC.

No. 01-05-00487-CV.

227 S.W.3d 314 (2007)

CABO CONSTRUCTION, INC., Appellant, v. R S CLARK CONSTRUCTION, INC. and Randalls Food Markets, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

April 12, 2007.

Attorney(s) appearing for the Case

Noel Anne Lewandos, Law Office of Terry Grewing, Houston, TX, for Cabo Construction, Inc.

Lynda Kae Stewart, Johanson & Fairless, L.L.P., Sugar Land, TX, for R S Clark Construction, Inc. and Randalls Food Markets, Inc.

Panel consists of Justices NUCHIA, KEYES, and HIGLEY.

OPINION

EVELYN V. KEYES, Justice.

Appellant, Cabo Construction, Inc. appeals the trial court's order granting summary judgment in favor of appellees, R S Clark Construction, Inc. ("Clark") and Randalls Food Markets, Inc. ("Randalls"). In four issues on appeal, Cabo argues that (1) the trial court improperly relied on pleadings in granting summary judgment; (2) the indemnity agreement did not satisfy the express negligence test; and (3)

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