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SOUTHWEST OLSHAN FOUNDATION v. GONZALES

No. 04-09-00232-CV.

345 S.W.3d 431 (2011)

SOUTHWEST OLSHAN FOUNDATION REPAIR COMPANY, LLC., d/b/a Olshan Foundation Repair Company, Appellant, v. Nelda GONZALES, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 2, 2011.

Attorney(s) appearing for the Case

D. Roderick MacRae, II , Henslee Schwartz L.L.P., Austin, Stephan B. Rogers , Rogers & Moore, Boerne, for Appellant.

Robert W. Loree , Christopher D. Below , Todd Lipscomb , Loree, Hernandez & Lipscomb, P.L.L.C., San Antonio, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

This is an appeal from a jury verdict in favor of appellee, the plaintiff below, Nelda Gonzales. Appellant, the defendant below, Southwest Olshan Foundation Repair Co. ("Olshan") raises six issues on appeal: (1) there is no implied warranty because Olshan provided an express warranty; (2) recovery is barred by limitations; (3) there is no evidence of reasonable cost of repairs, that physical damage to Nelda...

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