EDGAR L. HULL, JR., Appellant v. SOUTH COAST CATAMARANS, L.P., AKSANO CATAMARANS, LLC, AND JAMES BABCOCK, INDIVIDUALLY, Appellee, 365 S.W.3d 35

Summary

The buyer brought an action against appellees, claiming that a boat he purchased was defective. A visiting judge presided over the trial. A jury returned a verdict in favor of the buyer. The trial court granted appellees' motion for a new trial under Tex. R. Civ. P. 320 based on the buyer's discovery violation and a jury error. Subsequently, the trial court granted appellees' motions for summary judgment. On appeal, the court found that it was proper under Tex. R. Civ. P. 330(g) for the regular trial judge to rule on the motion for a new trial on the discovery issue about which she had heard argument and evidence. An issue of material fact existed as to whether the buyer provided appellees with an opportunity to cure the boat's defects pursuant to Tex. Bus. & Com. Code Ann. § 2.607(c)(1) (2009). The trial court erred in granting the sales representative's no-evidence summary judgment motion in regard to the buyer's fraud, negligence, negligent misrepresentation, breach of warranty, and...