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AVASTHI & ASSOCIATES, INC. v. BANIK

No. 14-09-01016-CV.

343 S.W.3d 260 (2011)

AVASTHI & ASSOCIATES, INC., Appellant, v. Ashish K. BANIK, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing and En Banc Overruled June 28, 2011.

Attorney(s) appearing for the Case

William H. Luck , Humble, for appellant.

Andrew S. Golub , Houston, for appellee.

Panel consists of Justices ANDERSON, FROST, and BROWN.

PLURALITY OPINION

JOHN S. ANDERSON, Justice.

This is an appeal from the granting of a motion for summary judgment. Because we conclude the trial court erred when it granted appellee Ashish K. Banik's motion for summary judgment, we reverse and remand for further proceedings in accordance with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

On January 28, 2008 appellant, Avasthi and Associates, Inc. ("Avasthi") and Banik executed a contract...

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