United States Fifth Circuit

Based on the Supreme Court of Texas's answers to certified questions, the court of appeals affirms summary judgment in favor of defendant-seller in a dispute brought by plaintiffs-home buyers asserting claims under Tex. Prop. Code section 5.077 where, according to the test provided by the Texas Supreme Court, annual statements provided to plaintiffs did not invoke the liquidated damages provision of section 5.077(c).

Appellate Information

• Decided 09/08/2006
• Published 09/08/2006

Judges

• PER CURIAM:, Before SMITH and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Anderson Carp (argued), Harry Arthur Herzog (argued), Herzog, Carp & McManus, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• H. Miles Cohn (argued), Sheiness, Scott, Grossman & Cohn, Houston, TX, for Defendant-Appellee.