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APEX GEOSCIENCE v. ARDEN TEXARKANA, LLC

No. 06-11-00128-CV.

370 S.W.3d 14 (2012)

APEX GEOSCIENCE, INC., Appellant, v. ARDEN TEXARKANA, LLC, Dornoch Texarkana, LLC, RP Texarkana, LLC, Texarkana Rancho, LLC, and Narden Texarkana, LLC, Appellees.

Court of Appeals of Texas, Texarkana.

Decided: June 19, 2012.

Rehearing Overruled July 17, 2012.

Attorney(s) appearing for the Case

Gregory D. Smith , S. Justin Lindley , Ramey & Flock, PC, Tyler, for appellant.

Joseph G. Chumlea , Brian D. Melton , Shackelford, Melton & McKinley, LLP, Dallas, Nicholas H. Patton , Patton, Tidwell & Schnroeder, LLP, Texarkana, for appellees.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Chief Justice MORRISS.

The parking lot of the Texarkana Pavilion shopping center experienced problems. It was alleged that the necessary groundwork was not done to support the paving. Ultimately, in the lawsuit that arose from the problems, Apex Geoscience, Inc. (Apex), was joined as a third-party defendant. Apex seeks1 a dismissal of the lawsuit against it, because...

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