El Paso County v. Sunlight Enterprises Co., Inc. ( 2016 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
EL PASO COUNTY, §
No. 08-16-00081-CV
Appellant, §
Appeal from the
v. §
346th District Court
SUNLIGHT ENTERPRISES CO., INC., §
of El Paso County, Texas
Appellee. §
(TC# 2014DCV3555)
§
JUDGMENT
The Court has considered this cause on the record and concludes there was error in the
trial court’s order granting Appellee’s motion for partial summary judgment and denying
Appellant’s motion for partial summary judgment. We therefore reverse the trial court’s order
granting Appellee’s motion for partial summary judgment and denying Appellant’s motion for
partial summary judgment and render judgment in favor of Appellant that Section 16.071(a) is
inapplicable and does not render the seven-day notice provisions of Subparagraphs 13(A), (D)
(F) void, and that it does not prevent Appellant from relying on those provisions in connection
with Appellee’s claims for additional compensation and additional time. The case is remanded
to the trial court for further proceedings in accordance with this opinion.
We further order that Appellant recover from Appellee all costs of this appeal, for which
let execution issue. This decision shall be certified below for observance.
IT IS SO ORDERED THIS 9TH DAY OF DECEMBER, 2016.
STEVEN L. HUGHES, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.