202 N LBJ Venture Group, LP v. Paul Kolaj and Modesta Kolaj

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MARCH 6, 2025

NO. 03-24-00025-CV

202 N LBJ Venture Group, LP, Appellant

v.

Paul Kolaj and Modesta Kolaj, Appellees

APPEAL FROM THE 207TH DISTRICT COURT OF HAYS COUNTY BEFORE JUSTICES THEOFANIS, CRUMP, AND ELLIS AFFIRMED IN PART; REVERSED AND REMANDED IN PART – OPINION BY JUSTICE CRUMP

This is an appeal from the final judgment signed by the trial court on December 12, 2023.

Having reviewed the record and the parties’ arguments, the Court holds that there was no

reversible error in the portion of the judgment awarding 202 N LBJ Venture Group, LP actual

damages and pre- and post-judgment interest. Therefore, the Court affirms that portion of the

judgment. The Court further holds that there was reversible error in the portion of the judgment

denying 202 N LBJ Venture Group, LP an award of attorneys’ fees. Therefore, the Court

reverses the portion of the judgment denying 202 N LBJ Venture Group, LP an award of

attorneys’ fees and remands that portion of the case for a new trial on that issue. Each party shall

pay the costs of appeal incurred by that party, both in this Court and in the court below.