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INTERSTATE 35/CHISAM ROAD, L.P. v. MOAYEDI

No. 05-11-00209-CV.

377 S.W.3d 791 (2012)

INTERSTATE 35/CHISAM ROAD, L.P. and Malachi Development Corporation, Appellants v. Mehrdad MOAYEDI, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing and Rehearing En Banc Overruled October 8, 2012.

Attorney(s) appearing for the Case

F. Colin Durham , Key Harrington Barnes, PC, Dallas, TX, for Appellants.

C. Gregory Shamoun , Jonathan J. Cunningham , Shamoun & Norman, LLP, Dallas, TX, for Appellee.

Before Justices O'NEILL, MARTIN RICHTER, and LANG.

OPINION

Opinion By Justice LANG.

This appeal raises a question of whether general language waiving defenses in a debt guaranty agreement includes waiver of a specific statutory right of offset under section 51.003(c) of the Texas Property Code. We conclude under the facts of this case that it does.

In this case, Interstate 35/Chisam Road, L.P., and Malachi Development Corporation ("I-35") appeal from a summary judgment that they take nothing in their...

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