Regent International Hotels v. Las Colinas Hotels Corporation and Las Colinas Sports Club

Regent International Hotels, Ltd. appeals a summary judgment declaring that Las Colinas Hotels Corporation and Las Colinas Sports Club, Inc. were entitled to terminate their contracts with Regent. Regent contends that the trial court erred because Las Colinas did not conclusively disprove its defenses of waiver, estoppel, and laches. We agree with Regents contentions and, accordingly, reverse the summary judgment of the trial court and remand the cause for a trial on the merits. Regent also contends that the contracts are ambiguous and that the trial court erred by using the "plain meaning rule" to construe the agreements. However, Regent failed to plead ambiguity in its written response to Las Colinass motion for summary judgment; therefore, Regent cannot raise this defense on appeal. TEX. R. CIV. P. 166-A.