Couple closes, reopens suit over defective hardwood floors

John Suayan, Galveston Bureau Jan. 9, 2012, 10:38pm

GALVESTON - A Friendswood couple's lawsuit over defective hardwood floors was disposed and re-opened within two weeks.

Galveston County Court at Law No. 2 Judge Barbara Roberts signed an order to reinstate Sean and Kari Tracey's suit against Monster Hardwood Floors and Supply LLC, T&L Distributing LP and ITS Flooring LLC on Nov. 22, exactly 14 days after she issued an order of dismissal for want of prosecution.

The Traceys claim in a lawsuit filed last July 14 that the defendants misrepresented competence in providing a good and workmanlike product for the Traceys' residence and therefore are in violation of the Deceptive Trade Practices Act.

According to the original petition, cosmetic problems began to surface shortly after the complainants moved into the house at the beginning of the year.

Most notable among them are the water stains, which the plaintiffs say are impossible to clean.

They additionally claim that the defendants "have unjustifiably and without just cause refused to repair or replace the floors."

Each of the three respondents submitted original answers into the suit.

Roberts closed the suit after the plaintiffs did not appear at a Nov. 3 status conference, but a 13-page motion to reinstate argues their failure to appear "was not intentional."

Cause No. 65,638

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