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GONZALES v. SW OLSHAN FOUNDATION REPAIR CO.

No. 11-0311.

400 S.W.3d 52 (2013)

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

Supreme Court of Texas.

Delivered March 29, 2013.

Rehearing Denied June 28, 2013.

Attorney(s) appearing for the Case

Edwin Todd Lipscomb , Robert W. Loree , for Petitioner.

Jeffrey D. Janota , Stephan B. Rogers , for Respondent.

Justice GUZMAN delivered the opinion of the Court.

We decide whether the implied warranty for good and workmanlike repair of tangible goods or property in Melody Home Manufacturing Co. v. Barnes can be disclaimed or superseded.1 The Melody Home warranty is a "gap-filler" warranty similar to the one we addressed in Centex Homes v. Buecher for good and workmanlike construction of a new home.2

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