Radelow-Gittens Real Property Management v. Pamex Foods D/B/A Panchos Mexican Foods

This is a suit involving fire damage to real property that was owned by Radelow-Gittens Real Property Management, and leased to Pamex Foods d/b/a Panchos Mexican Foods. The lawsuit was originally brought against Pamex by Glenn Grant Company and Sleep Shop d/b/a Slumberland, whose property was also damaged by the fire. Radelow-Gittens, the landlord, intervened and assumed the posture of a plaintiff; it then brought in Texas Fire & Safety, Inc. as a third party defendant. After Pamex answered, it filed a motion for partial summary judgment, contending that the lease agreement between Pamex and Radelow-Gittens required Radelow-Gittens to repair the premises at its sole expense. The trial court agreed and granted partial summary judgment in favor of Pamex. That judgment stated that Radelow-Gittens claim against Pamex was barred by the lease agreement. Radelow-Gittens subsequently filed a second and, later, a third amended petition; neither of these amended petitions contained any claim against Pamex despite the fact that each continued to use the style of the case, including the name Pamex. Radelow-Gittens proceeded to trial solely against the remaining defendant, but a judgment against Radelow-Gittens disposed of that last defendant. At that point all issues in the lawsuit were disposed of, hence, all prior orders by the trial court became final. Runnymede Corporation v. Metroplex Plaza, Inc., 543 S.W.2d 4, 5 (Tex. Civ. App.--Dallas 1976, writ refd).