Orangefield Indep. [read post]

And since the affiant purported to recite information gleaned from attached exhibits that actually reflected something else, it did not meet the criteria governing the acceptability of affidavits by interested witnesses under the summary judgment rule: "A summary judgment may be based on uncontroverted testimonial evidence of an interested witness, or of an expert witness as to subject matter concerning which the trier of fact must be guided solely by the opinion testimony of… [read post]

 The Owner and Builder agree that all controversies, claims (and any related settlements), or matters in question arising out of or relating to (i) this Contract, (ii) any breach or termination of this Contract, (iii) the construction of the Home and/or its repairs, (iv) any acts or omissions by the Builder (and its officers, directors or agents), and/or (v) any actual or purported representations or warranties, express or implied, relating to the Property and/or the Home (herein… [read post]