Aspenwood Apartment Corp. v. Coinmach, Inc.

Appellant, Aspenwood Apartment Corporation (“Aspenwood”), appeals the trial court’s rendition of a take nothing judgment against it based on the motions for summary judgment of appellee, Coinmach, Inc. f/k/a Solon Automated Services, Inc. (“Coinmach”). In eight issues, Aspenwood argues that the trial court erred (1) in dismissing Aspenwood’s claims for breach of contract; (2) in dismissing Aspenwood’s trespass and trespass to try title claims; (3) in dismissing Aspenwood’s tortious interference claim based on Coinmach’s status as a tenant at sufferance; (4) in holding Aspenwood’s trespass to try title claims moot after Coinmach vacated the premises; (5) in dismissing Aspenwood’s tortious interference claims based on the statute of limitations; (6) in dismissing Aspenwood’s DTPA claims on the ground that Aspenwood was not a consumer; (7) in finding that Aspenwood was not a prevailing party on Coinmach’s counterclaims; and (8) in dismissing Aspenwood’s Declaratory Judgment Act claim as invalid.

We affirm in part and reverse and remand in part.