Hardam S. Azad, Individually and D/B/A 5 Million Square Feet Companies v. MRCO, Inc and Commercial Roof Consultants & Claims Management, LLC

• Court: Court of Appeals of Texas
• Decided: August 29, 2013
• Docket: 14-12-00165-CV
• Status: Published

Opinion

August 29, 2013

JUDGMENT

The Fourteenth Court of Appeals HARDAM S. AZAD, INDIVIDUALLY AND D/B/A/ 5 MILLION SQUARE FEET COMPANIES, Appellant

NO. 14-12-00165-CV V.

MRCO, INC. AND COMMERCIAL ROOF CONSULTANTS & CLAIMS MANAGEMENT, LLC, Appellees ____________________ This cause, an appeal from the judgment in favor of appellees, MRCO, INC. AND COMMERCIAL ROOF CONSULTANTS & CLAIMS MANAGEMENT, LLC, signed December 2, 2011, was heard on the transcript of the record. We have inspected the record and find the trial court erred. We therefore REVERSE the trial court’s final judgment with respect to the award of damages as to MarinaGate, and we RENDER judgment that MRCO and Commercial Roof take nothing with respect to lost profits as to MarinaGate. We REVERSE the trial court’s final judgment with respect to (1) the award of attorney’s fees; and (2) the computation of prejudgment and postjudgment interest, and we REMAND for further proceedings consistent with this opinion. We REFORM the final judgment to state that the jury’s answer to Question No. 6 is disregarded as immaterial. We AFFIRM the trial court’s final judgment in all other respects.

We order that each party shall be responsible for their own costs incurred in this appeal. We further order this decision certified below for observance.