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Protegga, LLC v. RMB Brandywine Place, Ltd

Court of Appeals of Texas, Fifth District, Dallas

May 10, 2017

PROTEGGA, LLC, Appellant
v.
RMB BRANDYWINE PLACE, LTD, Appellee

         On Appeal from the County Court at Law No. 7 Collin County, Texas Trial Court Cause No. 007-02668-2015.

          Before Justices Lang, Myers, and Stoddart

          MEMORANDUM OPINION

          CRAIG STODDART JUSTICE

         Protegga, LLC appeals from an adverse summary judgment ruling in favor of RMB Branywine Place, Ltd. In two issues, Protegga argues the trial court erred by granting RMB's motion for summary judgment. We affirm the trial court's judgment.

         Factual Background

         On November 11, 2009, Protegga and RMB entered into a Standard Commercial Lease for Protegga to lease office space from RMB (Lease). In 2012, Protegga began noticing foundation defects on the premises and complained to RMB. RMB attempted to repair the foundation, but was unsuccessful and problems persisted. In August 2013, the parties entered into a First Amendment to the Lease, which extended the term of the Lease by six years (Amendment). The Amendment states:

6. Lessee accepts the Demised Premises in an 'AS IS' condition, except for the following work to be completed by Lessor using standard building materials:
• Build out the Leased Premises as shown on Exhibit A
• Mud j ack foundation in the middle of suite 210
• Repair rotted wood under front window of suite 208
• Repaint Suite 208 to match Suite 210
• Re-carpet suites 208 and 210 and add new VCT as labeled on Exhibit A
• Add matching interior doors and door frames to suite 208
7. Except as modified herein, the Lease remains in full force ...

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