Dallas Drain Company, Inc. and Kevin Travis v. Kevin D. Welsh and Kelly A. Welsh ( 2015 )

REVERSE and REMAND; and Opinion Filed July 8, 2015. ±cJ In The (Cutirt of Apj.wais YFiftti Ufttrftt of &cNzui at Uattaui No. 05-14-00831-CV DALLAS DRAIN COMPANY, INC. AND KEVIN TRAVIS, Appellants V. KEVIN D. WELSH AND KELLY A. WELSH, Appellees On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-09129 MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Brown Opinion by Justice Fillmore The trial court granted summary judgment in favor of appellees Kevin D. Welsh and Kelly A. Welsh on their claims against appellants Dallas Drain Company, Inc. and Kevin Travis. Dallas Drain and Travis appeal [he summary judgment, and Dallas Drain appeals the denial of its motion to extend post-judgment deadlines. In six issues on appeal, appellants assert: (I) because appellees’ motion for summary judgment on their negligence and breach of implied warranty claims was supported only by an improper deemed admission, the [rial court erred by flnding appellees met their summary judgment burden; (2) no summary judgment evidence establishes appellants are builders and, therefore, the trial court erred by granting summary judgment on appellees’ breach of implied warranty claims; (3) appellees failed to support their breach of implied warranty of habitability claim with summary judgment evidence that the dwelling at issue was not habitable: (4) [he trial court erred by flnding appellees conclusively established