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SP TERRACE, L.P. v. MERITAGE HOMES OF TEXAS

No. 01-09-00155-CV.

334 S.W.3d 275 (2010)

SP TERRACE, L.P. and Tyee Management, LLC, Appellants, v. MERITAGE HOMES OF TEXAS, LLC, Appellee.

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

October 21, 2010.

Attorney(s) appearing for the Case

Michael C. O'Connor , O'Connor, Craig, Gould & Evans, P.C., Houston, TX, for Appellants.

David Watkin Jones , Beck, Redden & Secrest, LLP, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices BLAND and MASSENGALE.

OPINION ON REHEARING

JANE BLAND, Justice.

In this dispute over an earnest money contract to develop a plat of real estate, the trial court granted summary judgment in favor of Meritage Homes of Texas, LLC (Meritage) on its breach of contract claim against SP Terrace, LP, and Tyee Management, LLC (collectively, SP Terrace). The trial court summarily rejected SP Terrace's counterclaims for breach of contract against Meritage.

The contract called for...

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