Opinion
Appellate case number: 01-18-00252-CV
01-29-2019
Gilbert Kouba, individually and as representative of the Estate of Audrey Kouba; Karen Williams; and Curtis Kouba v. Northland Industries, Inc. d/b/a Magnum Fitness; JHTNA Manufacturing, L.L.C.; and Johnson Health Tech North America, Inc.
ORDER
Trial court case number: 241329-A Trial court: 25th District Court of Colorado County
The Court requests supplemental briefing addressing:
(i) whether the language of exclusion of warranties in the Commercial Treadmill Warranty in Schedule 3.1.17(a)(i) of the Asset Purchase Agreement is effective to exclude the implied warranty of merchantability under applicable law;
(ii) whether and, if so, how the applicable enactment of either section 2-316(2) or section 2-316(3) of the Uniform Commercial Code controls this question; and
(iii) under what jurisdiction's enactment of the Uniform Commercial Code—Wisconsin's, Texas's, or another's—these questions should be answered.
The parties' briefing, if any, is due by Friday, February 15, 2019. The previously noticed submission date of February 5, 2019, is withdrawn. The appeal will be reset for submission at a later date. See TEX. R. APP. P. 38.7, 38.9(b).
It is so ordered. Justice's signature: /s/ Gordon Goodman
Acting individually Date: January 29, 2019