SP Terrace, L.P. v. Meritage Homes of Texas, LLC

This is an opinion on rehearing. In this dispute over an earnest-money contract to develop a plat of real estate, the trial court granted summary judgment in favor of Meritage Homes of Texas LLC on its breach-of-contract claim against SP Terrace LP and Tyee Management LLC (collectively, SP Terrace). The trial court summarily rejected SP Terrace's counterclaims for breach of contract against Meritage. The contract called for SP Terrace to file a subdivision plat by December 31, 2005. SP Terrace raises a fact issue on the issues of waiver and delay, but not as to contract modification or interference. The case is reversed and remanded. The court grants rehearing and withdraws the May 6 judgment. Houston's 1st Court of Appeals, No. 10-21-2010

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OPINION ON REHEARING

In this dispute over an earnest money contract to develop a plat of real estate, the trial court granted summary judgment in favor of Meritage Homes of Texas, LLC (Meritage) on its breach of contract claim against SP Terrace, LP, and Tyee Management, LLC (collectively, SP Terrace). The trial court summarily rejected SP Terrace’s counterclaims for breach of contract against Meritage.

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