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Southwest Olshan Foundation Repair Co. LLC v. Gonzales

Appellant, Southwest Olshan Foundation Repair Co. (Olshan) raises six issues on appeal: 1. There is no implied warranty, because Olshan provided an express warranty; 2. recovery is barred by limitations; 3. there is no evidence of reasonable cost of repairs, that physical damage to appellee Nelda Gonzales' house was caused by a construction defect, or of misrepresentation or of reliance or damages caused by any misrepresentation; and 4. the trial court should have submitted a jury question on whether Gonzales wrongfully prevented Olshan from performing warranty work on the home's foundation. In an opinion and judgment dated April 21, 2010, the trial court's judgment was reversed, because Gonzales? DTPA and implied warranty claims are barred by limitations, and the evidence in support of her fraud claims is legally insufficient. Gonzales filed a motion for rehearing and a motion for en banc reconsideration. Concluding the original analysis was correct, both motions are overruled. San Antonio Court of Appeals, No. 04-09-00232-CV, 01-19-2011

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