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NEXTERA RETAIL v. INVS. WARRANTY OF AMERICA

No. 01-12-00577-CV.

418 S.W.3d 222 (2013)

NEXTERA RETAIL OF TEXAS, LP, Appellant v. INVESTORS WARRANTY OF AMERICA, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

November 21, 2013.

Attorney(s) appearing for the Case

Edward Jason Dennis , Kent D. Krabill , Lynn Tillotson Pinker & Cox, LLP, Dallas, TX, for Appellant.

David F. Johnson , Winstead PC, Fort Worth, TX, James David Brown , Winstead PC, Dallas, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and MASSENGALE.

OPINION

LAURA CARTER HIGLEY, Justice.

Appellant NextEra Retail of Texas, LP challenges the trial court's judgment granting appellee Investors Warranty of America, Inc.'s motion for summary judgment and denying NextEra's motion for summary judgment. In three issues, appellant argues (1) Investors Warranty expressly assumed the obligations of the contract between NextEra and another party; (2) Investors Warranty impliedly assumed and ratified the obligations...

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