3CPL Holdings, LLC and Jennifer Nutt// Trinity Constructors, Inc.; And Justin Blackburn v. DFLC, Inc.; Trinity Constructors, Inc.; Jaguilin Duarte; Justin Blackburn; And David Buttross// 3CPL Holdings, LLC and Jennifer Nutt

• Court: Court of Appeals of Texas
• Decided: August 26, 2025
• Docket: 03-24-00850-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AUGUST 26, 2025

NO. 03-24-00850-CV

Appellants, 3CPL Holdings, LLC and Jennifer Nutt// Cross-Appellants, Trinity Constructors, Inc.; and Justin Blackburn

v.

Appellees, DFLC, Inc.; Trinity Constructors, Inc.; Jaguilin Duarte; Justin Blackburn; and David Buttross// Cross-Appellees, 3CPL Holdings, LLC and Jennifer Nutt

APPEAL FROM THE 395TH DISTRICT COURT OF WILLIAMSON COUNTY BEFORE JUSTICES TRIANA, THEOFANIS, AND CRUMP AFFIRMED IN PART; REVERSED AND REMANDED IN PART -- OPINION BY JUSTICE THEOFANIS

This is an appeal from the judgment signed by the trial court on October 2, 2024. Having

reviewed the record and the parties’ arguments, the Court holds that there was reversible error in

the court’s judgment. Therefore, in light of White Knight Development, LLC v. Simmons,

No. 23-0868, 2025 WL 1668348, at *5 (Tex. June 13, 2025), the Court reverses and remands in

part for the trial court to consider Nutt’s request for equitable expenses due to Blackburn’s

delayed performance. We otherwise affirm the final judgment. Each party shall bear their own

costs relating to this appeal, both in this Court and in the court below.