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CHILDRESS ENGINEERING v. NATIONWIDE MUTUAL

NO. 02-14-00332-CV.

456 S.W.3d 725 (2015)

CHILDRESS ENGINEERING SERVICES, INC., Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, as Subrogee to Meritage Homes of Texas, L.L.C., Appellee.

Court of Appeals of Texas, Fort Worth.

DELIVERED: February 12, 2015.

Attorney(s) appearing for the Case

Richard E. Schellhammer & Cara D. Kennemer , Underwood Law Firm, P.C., Fort Worth, Texas, for Appellant.

Gregory R. Ave & Jay R. Harris , Walters, Balido & Crain, L.L.P., Dallas, Texas, for Appellee.

PANEL: WALKER and MEIER, JJ.; and DIXON W. HOLMAN (Senior Justice, Retired, Sitting by Assignment).

OPINION

Meritage Homes of Texas, L.L.C., a homebuilder, and appellant Childress Engineering Services, Inc. (CES) entered a contract for CES to provide design and engineering specifications for home foundations; the contract contained an indemnity clause. Meritage asked CES to indemnify or defend it after a homebuyer...

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