Kenneth P. Gross and Betsy L. Gross v. WB Texas Resort Communities, L.P. ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00411-CV
Kenneth P. Gross and Betsy L. § From the 141st District Court
Gross
§ of Tarrant County (141-261873-12)
v.
§ December 23, 2014
WB Texas Resort Communities, L.P. § Opinion by Justice McCoy
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in part of the trial court’s judgment. It is ordered that the
judgment of the trial court is affirmed in part and reversed in part. We affirm that
portion of the trial court’s summary judgment on the breach-of-contract claim and
the pre contractual negligent misrepresentation claim. We reverse that portion of
the trial court’s summary judgment on the negligence and postcontractual
negligent misrepresentation claims and remand this case to the trial court for
further proceedings on those claims consistent with this opinion.
It is further ordered that appellants Kenneth P. Gross and Betsy L. Gross
and appellee WB Texas Resort Communities, L.P., shall bear their own costs of
this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Bob McCoy____________________
Justice Bob McCoy