Motion-Secondary: Raymond D. Jett, Individually, Et Al vs. Wimbish Kelly Construction, LLC d/b/a Putnam Builders

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                                Filed: 11/30/2021 9:53 AM
 Envelope No. 59541737




                                                     CAUSE NO. 20-CV-1704

               RAYMOND D. JETT AND SUE E. JETT,                        §       IN THE DISTRICT COURT OF
               INDIVIDUALLY AND AS TRUSTEE                             §
               OF THE SPARKS FAMILY LIVING TRUST                       §
                                                                       §
                        Plaintiffs,                                    §
                                                                       §
               v.                                                      §        GALVESTON COUNTY, TEXAS
                                                                       §
               WIMBISH KELLY CONSTRUCTION, LLC                         §
               D/B/A PUTNAM BUILDERS                                   §
                                                                       §
                        Defendant.                                     §       122nd JUDICIAL DISTRICT


                        ORDER GRANTING PLAINTIFFS’ TRADITIONAL AND NO-EVIDENCE
                                MOTION FOR PARTIAL SUMMARY JUDGMENT

                        On this date came on for consideration the Traditional and No-Evidence Motion for

               Partial Summary Judgment (the “Motion”) filed by Plaintiffs, Raymond D. Jett and Sue E. Jett,

               Individually and as Trustee of the Sparks Family Living Trust (“Plaintiffs”), against Defendants,

               Wimbish Kelly Construction, LLC d/b/a Putnam Builders (“Putnam”), Industrial Laminates

               Corporation d/b/a Ilcor Builders (“Ilcor”), and Ilcor Homes, Inc. (“Ilcor Homes” and,

               collectively with Putnam and Ilcor, “Defendants”). The Court, after considering the Motion, the

               pleadings, the evidence, the responses thereto, and the argument of counsel, finds that said

               Motion should in all respects be granted. It is therefore,

                        ORDERED that the Traditional and No-Evidence Motion for Partial Summary Judgment

               of Plaintiffs against Defendants is in all things GRANTED. It is therefore,

                        ORDERED that Defendants’ affirmative defenses of accord and satisfaction, estoppel,

               and laches fail as a matter of law and are hereby dismissed.




                                                                                                      Page 1 of 2
               Order Granting Plaintiffs’ Traditional and No-Evidence Motion for Summary Judgment
               578311v.1 S7201/00001
        SIGNED this ______ day of________________, 2021.



                                                _________________________________
                                                HONORABLE JUDGE PRESIDING




                                                                                     Page 2 of 2
Order Granting Plaintiffs’ Traditional and No-Evidence Motion for Summary Judgment
578311v.1 S7201/00001
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Minh Nguyen on behalf of Kendall Valenti
Bar No. 24077954
mnguyen@cjmlaw.com
Envelope ID: 59541737
Status as of 11/30/2021 9:56 AM CST

Associated Case Party: The Sparks Family Living Trust

Name               BarNumber    Email                 TimestampSubmitted      Status

Kendall V.Speer                 kspeer@cjmhlaw.com    11/30/2021 9:53:26 AM   SENT

Minh X.Nguyen                   mnguyen@cjmlaw.com 11/30/2021 9:53:26 AM      SENT



Case Contacts

Name                BarNumber    Email                         TimestampSubmitted      Status

Josephine Ybarra                 jybarra@cphattorneys.com      11/30/2021 9:53:26 AM SENT

Karla Strickland                 kstrickland@cphattorneys.com 11/30/2021 9:53:26 AM SENT



Associated Case Party: Wimbish Kelly Construction, LLC

Name                  BarNumber     Email                      TimestampSubmitted      Status

David Gregory Harris 24029600       dharris@cphattorneys.com   11/30/2021 9:53:26 AM SENT