Trinity Prof. Pl. v. Metrocrest H

5 Citing cases

  1. Barrow-Shaver Res. Co. v. Carrizo Oil & Gas, Inc.

    590 S.W.3d 471 (Tex. 2019)   Cited 180 times   1 Legal Analyses
    Holding that parol evidence rule "applies to writings that evidence the creation, modification, termination, or securing of a right or obligation under the contract," and bars consideration of evidence that contradicts, varies, or adds to terms of unambiguous written agreements

    Moreover, Texas courts have declined to read a reasonableness standard into consent provisions that failed to articulate a standard by which consent could be withheld. See , e.g. , Trinity Prof'l Plaza Assocs. v. Metrocrest Hosp. Auth. , 987 S.W.2d 621, 625 (Tex. App.—Eastland 1999, pet. denied) ; Reynolds v. McCullough , 739 S.W.2d 424, 429 (Tex. App.—San Antonio 1987, writ denied) ; Mitchell's, Inc. v. Nelms , 454 S.W.2d 809, 813 (Tex. App.—Dallas 1970, writ ref'd n.r.e.). In these situations, Texas courts have held that the lessor has the absolute right to withhold consent.

  2. Barrow-Shaver Res. Co. v. Carrizo Oil & Gas, Inc.

    NO. 17-0332 (Tex. Jun. 28, 2019)

    Moreover, Texas courts have declined to read a reasonableness standard into consent provisions that failed to articulate a standard by which consent could be withheld. See, e.g., Trinity Prof'l Plaza Assocs. v. Metrocrest Hosp. Auth., 987 S.W.2d 621, 625 (Tex. App.—Eastland 1999, pet. denied); Reynolds v. McCullough, 739 S.W.2d 424, 429 (Tex. App.—San Antonio 1987, writ denied); Mitchell's, Inc. v. Nelms, 454 S.W.2d 809, 813 (Tex. App.—Dallas 1970, writ ref'd n.r.e.). In these situations, Texas courts have held that the lessor has the absolute right to withhold consent.

  3. Keeley v. Cisco Systems

    Civil Action No. 3:01-CV-1504-D (N.D. Tex. Aug. 8, 2003)   Cited 4 times
    Noting that although the defendant did not explicitly argue that plaintiff had failed to establish a prima facie case, the defendant had satisfied its summary judgment burden by pointing to the absence of evidence to support one prong of the prima facie case

    No phrase, sentence, or section of a contract should be isolated and considered apart from the other provisions." Trinity Prof'l Plaza Assocs. v. Metrocrest Hosp. Auth., 987 S.W.2d 621, 625 (Tex.App. 1999, pet. denied). A court also "must recognize that the parties to a writing will not include a clause in the writing unless they intend it to have some effect.

  4. Krusos v. Atlantic Richfield Company

    Civil Action No. 3:00-CV-1887-D (N.D. Tex. Jun. 11, 2003)   Cited 4 times

    No phrase, sentence, or section of a contract should be isolated and considered apart from the other provisions." Trinity Prof'l Plaza Assocs. v. Metrocrest Hosp. Auth., 987 S.W.2d 621, 625 (Tex.App. 1999, writ denied). A court also "must recognize that the parties to a writing will not include a clause in the writing unless they intend it to have some effect.

  5. Johnston v. Capital Accumulation Plan

    Civil Action No. 3:98-CV-2296-D (N.D. Tex. Jul. 19, 2000)   Cited 1 times

    No phrase, sentence, or section of a contract should be isolated and considered apart from the other provisions." Trinity Professional Plaza Assocs. v. Metrocrest Hosp. Auth., 987 S.W.2d 621, 625 (Tex.App. 1999, writ denied). A court also "must recognize that the parties to a writing will not include a clause in the writing unless they intend it to have some effect.