Metro Solutions Texas, LLC and Brian Radican v. Craig Smith

• Court: Court of Appeals of Texas
• Decided: December 2, 2021
• Docket: 02-20-00176-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-20-00176-CV

METRO SOLUTIONS TEXAS, LLC AND § On Appeal from the 16th District BRIAN RADICAN, Appellants Court

§ of Denton County (19-10071-16) V. § December 2, 2021

CRAIG SMITH, Appellee § Memorandum Opinion by Chief Justice Sudderth

JUDGMENT

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

follows:

It is ordered that the January 9, 2020 judgment of the trial court is vacated as

void.

It is ordered that the December 6, 2019 judgment is modified to limit the

DTPA award to $24,639.39. It is further ordered that the portion of the trial court’s

December 6, 2019 judgment awarding attorney’s fees is reversed, and we remand the

case to the trial court for a new trial on attorney’s fees only. We affirm the remainder of the trial court’s December 6, 2019 judgment as modified including the denial of

Craig Smith’s claims against Brian Radican.

It is further ordered that each party shall pay their own costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Bonnie Sudderth Chief Justice Bonnie Sudderth