John Homer Coonly (Appellant/Cross-Appellee) v. Gables Residential Services, Inc., D/B/A Gables West Avenue (Appellee/Cross-Appellant)

Court of Appeals of Texas

John Homer Coonly (Appellant/Cross-Appellee) v. Gables Residential Services, Inc., D/B/A Gables West Avenue (Appellee/Cross-Appellant)

DecidedNovember 13, 2013

Docket04-12-00702-CV

StatusPublished

This text of John Homer Coonly (Appellant/Cross-Appellee) v. Gables Residential Services, Inc., D/B/A Gables West Avenue (Appellee/Cross-Appellant) (John Homer Coonly (Appellant/Cross-Appellee) v. Gables Residential Services, Inc., D/B/A Gables West Avenue (Appellee/Cross-Appellant)) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John Homer Coonly (Appellant/Cross-Appellee) v. Gables Residential Services, Inc., D/B/A Gables West Avenue (Appellee/Cross-Appellant), (Tex. Ct. App. 2013).

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Opinion

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-12-00702-CV

John Homer COONLY, Appellant/Cross-Appellee

v.

GABLES RESIDENTIAL SERVICES, INC. d/b/a Gables West Avenue, Appellee/Cross-Appellant

From the County Court at Law No. 1, Travis County, Texas Trial Court No. C-1-CV-06-00039 The Honorable J. David Phillips, Judge Presiding

BEFORE CHIEF JUSTICE STONE, JUSTICE ANGELINI, AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, the judgment of the trial court is AFFIRMED IN PART AND REVERSED IN PART. The judgment is REVERSED to the extent that it grants summary judgment on John Homer Coonly’s claims under the Texas Deceptive Trade Practices-Consumer Protection Act. The judgment is AFFIRMED with respect to John Homer Coonly’s claims of negligence and premises liability. This cause is REMANDED to the trial court for further proceedings. It is ORDERED that costs are taxed against the party incurring same.

SIGNED November 13, 2013.

_____________________________ Karen Angelini, Justice

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Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-12-00702-CV

John Homer COONLY, Appellant/Cross-Appellee

v.

GABLES RESIDENTIAL SERVICES, INC. d/b/a Gables West Avenue, Appellee/Cross-Appellant

From the County Court at Law No. 1, Travis County, Texas Trial Court No. C-1-CV-06-00039 The Honorable J. David Phillips, Judge Presiding

BEFORE CHIEF JUSTICE STONE, JUSTICE ANGELINI, AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, the judgment of the trial court is AFFIRMED IN PART AND REVERSED IN PART. The judgment is REVERSED to the extent that it grants summary judgment on John Homer Coonly’s claims under the Texas Deceptive Trade Practices-Consumer Protection Act. The judgment is AFFIRMED with respect to John Homer Coonly’s claims of negligence and premises liability. This cause is REMANDED to the trial court for further proceedings. It is ORDERED that costs are taxed against the party incurring same.

SIGNED November 13, 2013.

_____________________________ Karen Angelini, Justice

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John Homer Coonly (Appellant/Cross-Appellee) v. Gables Residential Services, Inc., D/B/A Gables West Avenue (Appellee/Cross-Appellant), Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-homer-coonly-appellantcross-appellee-v-gables-texapp-2013.