Cimco Refrigeration, Inc. v. Bartush-Schnitzius Foods Co.

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-14-00401-CV

Cimco Refrigeration, Inc. § From the 16th District Court

§ of Denton County (2011-11002-16) v. § November 25, 2015

Bartush-Schnitzius Foods Co. § Opinion by Justice Walker

JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in the trial court’s judgment. It is ordered that the judgment of the

trial court is reversed and the case is remanded to the trial court for entry of a

judgment that appellee Bartush-Schnitzius Foods Co. take nothing from appellant

Cimco Refrigeration, Inc. and that Cimco Refrigeration, Inc. recover $113,400

from Bartush-Schnitzius Foods Co., and for assessment of costs and interest.

It is further ordered that appellee Bartush-Schnitzius Foods Co. shall pay

all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Sue Walker____________________ Justice Sue Walker