Daybreak Express, Inc v. Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor & Sons Trucking & Rigging Co.

Court of Appeals of Texas

Daybreak Express, Inc v. Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor & Sons Trucking & Rigging Co.

Court of Appeals of Texas·Decided October 15, 2013·No. 14-09-01032-CV·Published

Opinion

October 15, 2013

JUDGMENT

The Fourteenth Court of Appeals DAYBREAK EXPRESS, INC., Appellant

NO. 14-09-01032-CV V.

LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BURR COMPUTER ENVIRONMENTS, INC. AND J. SUPOR & SONS TRUCKING & RIGGING CO., Appellee ________________________________

This cause, an appeal from the judgment in favor of appellee, LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BURR COMPUTER ENVIRONMENTS, INC. and J. SUPOR & SONS TRUCKING & RIGGING CO., signed August 10, 2009, was heard on the transcript of the record. We have inspected the record and find the trial court erred in awarding attorney’s fees to Lexington. We REVERSE the portion of the trial court’s judgment awarding attorney’s fees to Lexington, and RENDER judgment that Lexington take nothing with respect to attorney’s fees.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order that each party shall pay its costs by reason of this appeal.

We further order this decision certified below for observance.

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October 15, 2013

JUDGMENT

The Fourteenth Court of Appeals DAYBREAK EXPRESS, INC., Appellant

NO. 14-09-01032-CV V.

LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BURR COMPUTER ENVIRONMENTS, INC. AND J. SUPOR & SONS TRUCKING & RIGGING CO., Appellee ________________________________

This cause, an appeal from the judgment in favor of appellee, LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BURR COMPUTER ENVIRONMENTS, INC. and J. SUPOR & SONS TRUCKING & RIGGING CO., signed August 10, 2009, was heard on the transcript of the record. We have inspected the record and find the trial court erred in awarding attorney’s fees to Lexington. We REVERSE the portion of the trial court’s judgment awarding attorney’s fees to Lexington, and RENDER judgment that Lexington take nothing with respect to attorney’s fees.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order that each party shall pay its costs by reason of this appeal.

We further order this decision certified below for observance.

Daybreak Express, Inc v. Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor & Sons Trucking & Rigging Co., (Tex. Ct. App. 2013).

Pincite

Daybreak Express, Inc v. Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor & Sons Trucking & Rigging Co. (Daybreak Express, Inc v. Lexington Insurance Company, as Subrogee of Burr Computer Environments, Inc. and J. Supor & Sons Trucking & Rigging Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.