McNeely v. Salado Crossing Holding, L.P.

6 Citing cases

  1. McGuire v. Abbott Labs.

    Civil Action 1:22-CV-197 (E.D. Tex. May. 3, 2023)

    “An express warranty is created when a seller makes an affirmation of fact or a promise to the purchaser, that relates to the sale and warrants a conformity to the affirmation as promised.” McNeely v. Salado Crossing Holding, L.P., No. 04-16-00678-CV, 2017 WL 2561551, at *3 (Tex. App.-San Antonio June 14, 2017, no pet.) (quoting Head v. U.S. Inspect DFW, Inc., 159 S.W.3d 731, 746 (Tex. App.-Fort Worth 2005, no pet.)); see Patton v. Meridian Sec. Ins. Co., 617 F.Supp.3d 516, 545 (N.D. Tex. 2022) (“[W]arranties describe attributes, suitability for a particular purpose, and ownership of what is sold.”

  2. Zhaohong Wu v. Lumber Liquidators, Inc.

    No. 14-20-00765-CV (Tex. App. Jun. 25, 2024)   Cited 1 times

    Although there is no requirement that the defendant's unconscionable act occur simultaneously with the transaction that forms the basis of the consumer's complaint, an action or course of action is unconscionable only if it "reflect[s] on the unfairness of the original transaction." See id.; see also, e.g., McNeely v. Salado Crossing Holding, L.P., No. 04-16-00678-CV, 2017 WL 2561551, at *5-6 (Tex. App.-San Antonio June 14, 2017, no pet.) (mem. op.)

  3. Willow Creek Golf Club, Inc. v. Willow Creek Mgmt.

    No. 14-21-00727-CV (Tex. App. Jan. 12, 2023)   Cited 3 times

    For the same reason as just discussed, Tenant did not meet its prima facie burden for its wrongful eviction claim because it is undisputed that Landlord did not actually or constructively evict Tenant from the property. See, e.g., McKenzie v. Carte, 385 S.W.2d 520, 528 (Tex. App.-Corpus Christi 1964, writ ref'd n.r.e.) (an essential element of wrongful eviction is the eviction or dispossession of the plaintiff); accord also McNeely v. Salado Crossing Holding, L.P., No. 04-16-00678-CV, 2017 WL 2561551, at *7 (Tex. App.-San Antonio June 14, 2017, no pet.) (mem. op.)

  4. UV Logistics, LLC v. Patsfield

    No. 01-20-00191-CV (Tex. App. Mar. 31, 2022)   Cited 1 times

    Everything else is puffery and platitudes. Cf. McNeely v. Salado Crossing Holding, L.P., No. 04-16-00678-CV, 2017 WL 2561551, at *6 (Tex. App.-San Antonio June 14, 2017, no pet.) (mem. op.)

  5. Villejo Enters. v. C.R. Cox, Inc

    No. 04-19-00882-CV (Tex. App. Jan. 20, 2021)   Cited 2 times

    We therefore hold Good Guys produced no evidence of the "false, misleading, or deceptive conduct" of their "laundry list" claims. See McNeely v. Salado Crossing Holding, L.P., No. 04-16-00678-CV, 2017 WL 2561551, at *4 (Tex. App.—San Antonio June 14, 2017, no pet.) (mem. op.) (holding the appellants produced no evidence of the "false, misleading, or deceptive conduct" element of their "laundry list" claims). ii. Unconscionability Claim

  6. Green v. Fed. Nat'l Mortg. Ass'n

    NO. 01-18-00258-CV (Tex. App. Apr. 18, 2019)   Cited 3 times

    However, Green failed to identify any evidence of an unexpired rental contract, occupation of the premises, eviction, or resulting damages. See McNeely v. Salado Crossing Holding, L.P., No. 04-16-00678-CV, 2017 WL 2561551, at *7 (Tex. App.—San Antonio June 14, 2017, no pet.) (mem. op.) (affirming trial court's grant of no-evidence summary judgment in favor of property owner on lessors' wrongful eviction claim where lessors did not produce evidence of eviction or dispossession). In sum, Green did not present any evidence raising a genuine issue of material fact regarding her claims of wrongful foreclosure and wrongful eviction.