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KIMZEY WASH, LLC v. LG AUTO LAUNDRY, LP

No. 05-12-00439-CV.

418 S.W.3d 291 (2013)

KIMZEY WASH, LLC, Appellant v. LG AUTO LAUNDRY, LP, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing and Rehearing En Banc Overruled January 21, 2014.

Attorney(s) appearing for the Case

C. Edward Fowler Jr. , Law, Snakard & Gambill, P.C., Fort Worth, Deborah L. Sterling , Brenda Cubbage , Spencer Crain Cubbage Healy and McNamar, Dallas, James H. Cheatham IV , Fort Worth, for Appellant.

Michael Steven Rumac , Brett Lee Myers , David, Goodman & Madole, PC, Dallas, for Appellee.

Before Justices O'NEILL, LANG-MIERS, and EVANS.

OPINION

Opinion by Justice EVANS.

Kimzey Wash, LLC appeals from a take-nothing summary judgment in favor of LG Auto Laundry on Kimzey's lawsuit seeking declaratory relief to quiet title on certain real property in which LG has asserted a leasehold interest. Kimzey argues that the trial court should have rendered summary judgment in its favor because it conclusively established that (1) LG's ground lease was extinguished by the foreclosed deed of trust from...

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