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PACIWEST, INC. v. WARNER ALAN PROPERTIES, LLC

No. 2-07-443-CV.

266 S.W.3d 559 (2008)

PACIWEST, INC., Appellant and Cross-Appellee, v. WARNER ALAN PROPERTIES, LLC, and Warner Alan/Westcliff, Ltd., Appellees and Cross-Appellants.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled October 2, 2008.

Attorney(s) appearing for the Case

Decker, Jones, McMackin, McClane, Hall & Bates; Mark S. Dugan, Brian K. Yost, and Leslie L. Hunt, Fort Worth, TX, for Appellant/Cross-Appellee.

Carrington, Coleman, Sloman & Blumenthal, L.L.P.; Tim Gavin, Brett Kutnick, and Tim Chastain, Dallas, TX, for Appellees/Cross-Appellants.

PANEL: LIVINGSTON, DAUPHINOT, and McCOY, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

Introduction

This case involves competing motions for summary judgment in a suit over a failed real estate transaction. The trial court granted summary judgment for the purchaser, appellee Warner Alan/Westcliff, Ltd. (Westcliff), and appellee Warner Alan Properties, LLC (Warner Alan), Westcliff's predecessor-in-interest in the purchase and sale contract. It also...

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