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DiGIUSEPPE v. LAWLER

No. 04-0641.

269 S.W.3d 588 (2008)

Nick DiGIUSEPPE d/b/a Southbrook Development Co. and Frisco Master Plan, Petitioners, v. Roger LAWLER, Respondent.

Supreme Court of Texas.

Decided October 17, 2008.

Rehearing Denied December 19, 2008.

Attorney(s) appearing for the Case

Craig T. Enoch, Melissa Prentice Lorber, Winstead PC, Austin, James Robert Krause, Lawrence J. Friedman, Jeffrey Thomas Hall, Friedman & Feiger, L.L.P., Dallas, TX, for Petitioner.

Hilaree A. Casada, Hermes Sargent Bates, L.L.P., Julia F. Pendery, Attorney At Law, David W. Shuford, Law Office of David W. Shuford, Daon M. Ward, Godwin Pappas Langley Ronquillo, LLP, Dallas, TX, for Respondent.

Douglas Laycock, University of Michigan Law School, Ann Arbor, MI, for Amicus Curiae.

Justice WALDROP1 delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice BRISTER, and Justice WILLETT joined.

This case involves a claim for specific performance of a real estate purchase contract. After a trial in which the jury found that the seller breached the contract, the trial court rendered judgment in favor of the buyer and ordered specific performance. The court of appeals reversed on the basis...

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