Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Aaon v. CJO Enterprises, Inc.

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

April 18, 2019

AAON, Appellant,
v.
CJO ENTERPRISES, INC., Appellee.

          On appeal from the 117th District Court of Nueces County, Texas.

          Before Chief Justice Contreras and Justices Rodriguez and Benavides [1]

          MEMORANDUM OPINION

          GINA M. BENAVIDES, JUSTICE

         By one issue, appellant AAON challenges the trial court's granting of appellee CJO Enterprises, Inc.'s (CJO) motion for summary judgment. We affirm.

         I. Background

         A. Prior Litigation

         The background of this case involves litigation relating to heating, ventilation, and air conditioner (HVAC) systems installed at Calallen Independent School District (CISD). CISD contracted with AAON to purchase and install HVAC units at five of its schools. As part of the contract, CISD requested that Adsil protective coating be applied to the HVAC units' coils to prevent corrosion. AAON contracted with CJO to apply the Adsil coating to the HVAC units' coils. CISD alleged that the Adsil coating failed to protect the HVAC units and led to "premature degradation and corrosion" and sued AAON, Adsil, and CJO. Eventually, CISD non-suited AAON and Adsil in its case against them and entered into a mediated settlement agreement with CJO.

         B. Current Litigation

         Subsequent to CISD's lawsuit, AAON filed this petition claiming indemnity from CJO and Adsil under chapter 82 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 82 (West, Westlaw through 2017 1st C.S.). AAON sought "reasonable attorney's fees, expert witness costs, and other reasonable expenses in defending the CISD litigation and in enforcing its right to indemnification in this suit."

         AAON settled its indemnity claim with Adsil. CJO filed a hybrid motion for traditional and no-evidence summary judgment regarding AAON's indemnity claim against it. In the motion, CJO alleged that AAON did not qualify for indemnity because CJO was not a "manufacturer" of Adsil and AAON was not a "seller" of Adsil and there was no evidence that entitled AAON to statutory indemnity from CJO. The trial court, considering the evidence before it, granted CJO's hybrid motion for summary judgment. This appeal followed.

         II. Summary Judgment

         By its sole issue, AAON argues the trial court committed error by granting CJO's motion for summary judgment.

         A. Standard of Review

         A motion for summary judgment may be brought on no-evidence or traditional grounds. See Tex. R. Civ. P. 166a(c), (i). We review a trial court's grant of summary judgment de novo. Neely v Wilson, 418 S.W.3d 52, 59-60 (Tex. 2013); Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex. 2005). The party moving for summary judgment bears the burden of proof. Roskey v. Tex. Health Facilities Comm'n, 639 S.W.2d 302, 303 (Tex. 1982). Though these burdens vary for traditional and no-evidence motions, the summary judgment motion here was a hybrid motion and both parties brought forth summary judgment evidence; therefore, the differing burdens are immaterial and the ultimate issue is whether a fact issue exists. Buck v. Palmer, 381 S.W.3d 525, 527 & n. 2 (Tex. 2012). A fact issue exists if there is more than a scintilla of probative evidence. See id. at 527; Tex.R.Civ.P. 166a(c), (i). We must review the summary judgment record "in the light most favorable to the nonmovant, indulging every reasonable inference and resolving any doubts against the motion." City of Keller v. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.