Joseph and Jamie Schwartzott v. Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc

• Court: Court of Appeals of Texas
• Decided: April 30, 2013
• Docket: 14-11-00951-CV
• Status: Published

Opinion

April 30, 2013

JUDGMENT

The Fourteenth Court of Appeals JOSEPH AND JAMIE SCHWARTZOTT, Appellants

NO. 14-11-00950-CV V.

ETHERIDGE PROPERTY MANAGEMENT, Appellee ________________________________

JOSEPH AND JAMIE SCHWARTZOTT, Appellants

NO. 14-11-00951-CV V.

MARAVILLA OWNERS ASSOCIATION, INC. AND HUDAK & DAWSON CONSTRUCTION CO., INC., Appellees ________________________________

Cause No. 14-11-00950-CV is an attempted appeal from orders signed on July 27, 2011. This cause was heard on the transcript of the record. In Cause No. 14-11-00950-CV, we order the appeal DISMISSED FOR LACK OF JURISDICTION. We further order that all costs incurred in Cause No. 14-11- 00950-CV be paid by appellants Joseph and Jamie Schwartzott, jointly and severally. We further order this decision certified below for observance.

Cause No. 14-11-00951-CV is an appeal from orders in favor of appellees Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc., signed on July 27, 2011, and made a final judgment on September 14, 2011. This cause was heard on the transcript of the record. In Cause No. 14-11-00951-CV, we have inspected the record and find error in the judgment. We therefore order the judgment of the trial court AFFIRMED to the extent the trial court dismissed a property-damage claim by appellants Joseph and Jamie Schwartzott for damage to the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding Unit 113 at the Maravilla Condominiums. We order the remainder of the Judgment REVERSED and ordered severed and REMANDED to the trial court for proceedings in accordance with this court’s opinion. For good cause, we further order that all costs incurred in Cause No. 14-11-00951-CV be paid by appellees Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc., jointly and severally. We further order this decision certified below for observance.