Espinoza v. Home Warranty Assn

U.S. Court of Appeals for the Fifth Circuit

Espinoza v. Home Warranty Assn

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40528

FRANCISCO R. ESPINOZA, MARTHA A. ESPINOZA, TRAY N. SPARKS, SR., CHRISTINA M. SPARKS, JOHN McCOY, DIANE McCOY, OLGA GONZALES, D.B. LUNDY, NORELLE LUNDY, SUSAN McELREATH, RICHARD FRENCH, JANET FRENCH, ALBERT L. BEYER, ANNA M. BEYER,

Appellants,

VERSUS

HOME WARRANTY ASSOCIATION OF AMERICA, INC. d/b/a HOMEOWNERS ASSOCIATION OF AMERICA, INC., HOMEOWNERS MARKETING SERVICE OF TEXAS, and HOMEOWNERS GROUP, INC.,

Appellees.

Appeal from the United States District Court for the Southern District of Texas (V-96-006)

November 3, 1999 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant homeowners sued the Appellee home warranty providers

on multiple claims brought under both the Texas Deceptive Trade

Practice Act and the Texas Residential Service Company Act

concerning, principally, whether the home warranties sold to

Appellants were either worthless or grossly disparate in value to

the consideration paid. Appellants appeal the district court’s

grant of summary judgment for the Appellees and its refusal to

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. consider additional evidence adduced by the Appellants in a motion

to reconsider. Having fully and carefully reviewed the record and

considered the briefs and argument of counsel, we find no

reversible error and affirm for essentially the reasons expressed

in the district court’s orders granting summary judgment for the

Appellees and denying Appellants’ motion to reconsider.

AFFIRMED.

Reference

Status
Unpublished