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Click here for the full text of this decision FACTS:Before the court was an appeal from a summary judgment rendered in favor of appellee, Coastal Fumigators Inc. d/b/a End-O-Pest (Coastal). Appellants, Jeff and Robyn Shkolnick (the Shkolnicks), filed a suit for damages arising out of an inspection by Coastal of a house that they were, at the time, in the process of purchasing. Coastal provided the Shkolnicks with a Texas Official Wood Destroying Insect Report (WDIR), which stated that the scope of the inspection was limited to “those parts of the structure(s) that are visible and accessible at the time of the inspection.” The report found no visible evidence of dry-wood termite infestation. Shortly thereafter, the Shkolnicks completed their purchase of the house. A handyman hired by the Shkolnicks thereafter discovered termites upon removing wood from a windowsill, and a pest control company confirmed the presence of dry-wood termites. The Shkolnicks sued Coastal for violations of the Deceptive Trade Practices Act. The Shkolnicks alleged that Coastal violated the DTPA when it “represented that its services had characteristics and qualities it did not.” Coastal moved for a traditional and a no-evidence summary judgment on all of the Shkolnicks’ claims. Coastal filed a traditional and no-evidence motion for summary judgment, which the court granted. In two issues, the Shkolnicks contend that the trial court erred in 1. entering final judgment disposing of all their claims because one of their claims brought under the DTPA was not presented in Coastal’s motion for summary judgment and 2. granting summary judgment because there was an issue of material fact as to Coastal’s alleged representations concerning the characteristics and quality of its services. HOLDING:Affirmed. The issue before the court on appeal is whether Coastal’s reference to “a wrongful act” sufficiently challenged the Shkolnick’s claim under �17.46(b)(5) that Coastal’s services had characteristics that it did not. The Shkolnicks contend that the trial court erred in entering a final judgment against them because one of their DTPA claims was not presented in Coastal’s motion for summary judgment. Because the court concludes that Coastal addressed both the �17.46(b)(5) and �17.46(b)(7) claims in the motion for summary judgment, it overrules the issue. The Shkolnicks next contend that the trial court erred in granting summary judgment because there was an issue of material fact regarding the �17.46(b)(5) and �17.46(b)(7) claims. But the court holds that because Coastal challenged the false, misleading or deceptive act in its motion for summary judgment, the Shkolnicks had to create a fact issue that there was a representation which was false, misleading or deceptive. Finally, assuming without deciding that Coastal had not performed their inspection in accordance with industry standards, the court finds that the Shkolnicks did not present evidence that even if the termites that were found in their home in the spring of 2002 were present in May 2000 when Coastal performed its inspection, the termites would have been discovered by Coastal had it conducted its investigation in accordance with industry standards. The court points out that the Shkolnicks discovered the termite damage only after wood was removed from a windowsill. Without evidence indicating that Coastal should have known of the presence of the termites in May 2000 by an examination of visible and accessible areas, the court concludes that the Coastal inspector’s comments that “he didn’t see any problems,” “he thought everything was good,” and “there was nothing to be concerned about,” do not support the element of a wrongful act by Coastal that is a false, misleading or deceptive act. OPINION:Radack, C.J.; Radack, C.J., and Alcala and Bland, JJ.

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