Pairett v. Gutierrez

Appellants Charles and Stephanie Pairett sued Alicia Gutierrez and Tammy Taylor, appellees (collectively "Defendants"), for violations of the Texas Deceptive Trade Practices Act ("DTPA"), Tex. Bus. & Com. Code Ann. 17.41-.63 (West 1987 & Supp. 1998); statutory fraud, Tex. Bus. & Com. Code Ann. 27.01 (West 1987); common law fraud; and negligent misrepresentation growing out of the Pairetts purchase from Defendants of a home with an allegedly defective foundation. The trial court granted summary judgment on these claims in favor of Defendants, and this appeal followed. In their sole point of error, the Pairetts assert that the summary judgment evidence does not conclusively negate the existence of a genuine issue of material fact or show that Defendants are entitled to judgment as a matter of law. We will reverse and remand.