Initiatives Healthcare, Inc., Initiatives Healthcare, LLC, John Edward McEachern, Dario Lorenzo Lizarraga, Michael F. Boyer, Gary Faulkner v. Divlend Equipment Leasing, LLC

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-12-00480-CV

INITIATIVES HEALTHCARE, INC., INITIATIVES HEALTHCARE, LLC, JOHN EDWARD MCEACHERN, DARIO LORENZO LIZARRAGA, MICHAEL F. BOYER, GARY FAULKNER, APPELLANTS

V.

DIVLEND EQUIPMENT LEASING, LLC, APPELLEE

On Appeal from the 72nd District Court Lubbock County, Texas Trial Court No. 2012,502,283, Honorable Ruben Gonzales Reyes, Presiding

October 31, 2013

MEMORANDUM OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

I concur. As noted by the majority, each guaranty included a passage whereby

the guarantor agreed to guarantee the payment of "rent and all other amounts

payable . . ." as well as the "performance by the Lessee of all of the Lessee's other

obligations under the Lease." (Emphasis in majority’s opinion). Agreeing within the

lease to adjudicate all claims in Texas is no less of an "obligation" imposed on the lessee than the obligation to pay rent for the items leased. Consequently, the

guarantors were also bound to perform that obligation.

Brian Quinn Chief Justice