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Case No. ADJ8293635

Regular

Dec 18, 2014

JANICE CONCANNON vs. CARVISTA/NOVATER, EMPLOYERS' COMPENSATION

The Workers' Compensation Appeals Board dismissed a Petition for Removal filed by the defendant. The WCAB found that the WCJ's interlocutory order, which took the matter off calendar for further discovery, did not cause significant prejudice or irreparable harm. The Board determined that reconsideration would be an adequate remedy after a final order is issued. Therefore, the Petition for Removal was dismissed.

Petition for RemovalWCJ interlocutory orderoff calendarfurther discoveryno final determinationsubstantive issuesignificant prejudiceirreparable harmreconsiderationadequate remedy

References

Case No. MISSING

Regular Panel Decision

New York Party Shuttle, LLC v. John Bilello

Appellant New York Party Shuttle, LLC (NYPS) appealed a judgment favoring appellee John Bilello for breaching a 2006 settlement agreement. The trial court found NYPS breached the agreement, awarding Bilello $39,900.04 plus prejudgment interest. NYPS contended it established affirmative defenses of mutual mistake, novation, and repudiation, and that the trial court erred in denying its motion for a continuance. Bilello cross-appealed the denial of attorney's fees. The appellate court affirmed the trial court's judgment, concluding NYPS failed to prove its affirmative defenses or that the trial court abused its discretion in denying the continuance. The court also held Bilello waived his cross-point regarding attorney's fees due to failure to file a notice of appeal.

Breach of ContractSettlement AgreementMutual MistakeNovationRepudiationAffirmative DefensesMotion for ContinuanceAttorney's FeesAppellate ReviewTexas Law

References

Case No. 14-15-00695-cv

Regular Panel Decision

May 19, 2015

Garden Ridge, L.P. v. Clear Lake Center, L.P.

This is an appeal brief filed by Clear Lake Center, L.P. (Cross-Appellant/Appellee) against Garden Ridge, L.P. (Appellant/Cross-Appellee). The case stems from a dispute over alleged overpayments of management fees under a commercial real property lease. The trial court's judgment awarded Garden Ridge L.P. $594,700 in damages and $350,000 in attorneys' fees. Clear Lake Center, L.P. argues that Garden Ridge's claims are precluded by affirmative defenses such as waiver, ratification, novation, accord and satisfaction, and estoppel. They also contend that the trial court erred by excluding critical evidence and that the findings of liability and damages are unsustainable. Clear Lake Center, L.P. requests the appellate court to reverse the judgment and render judgment in its favor, or, in the alternative, remand the case for a new trial.

Contractual DisputeCommercial Real Estate LeaseManagement Fee OverchargesAffirmative DefensesEquitable EstoppelParol Evidence RuleBreach of ContractAttorneys' Fees CalculationStatute of LimitationsAppellate Procedure

References

Case No. 14-00-00081-CV

Regular Panel Decision

Oct 10, 2002

Superior Laminate & Supply, Inc. v. Formica Corporation and Patrick Weaver

The case concerns an appeal by Superior Laminate & Supply, Inc. against Formica Corporation. Superior, a distributor, sued Formica, its former supplier, alleging breach of contract, fraud, and promissory estoppel after Formica terminated their distributorship agreement. The trial court entered a take-nothing judgment against Superior, disregarding some jury findings. The Fourteenth Court of Appeals affirmed this judgment. The appellate court found Superior's fraud claim was barred by the statute of limitations, as the jury determined Superior should have discovered the fraud by August 17, 1990, over six years before filing suit. The court also upheld the trial court's novation instruction regarding the breach of contract claim and properly disregarded the promissory estoppel findings because an enforceable contract existed. Justice Edelman dissented, arguing that an injury from fraudulent inducement occurs upon actual failure to perform, not merely upon discovery of the false promise if performance is ongoing.

Breach of ContractFraudPromissory EstoppelStatute of LimitationsNovationMerger DoctrineAppellate ReviewTake-Nothing JudgmentTexas LawDistributor Agreement

References

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JANICE CONCANNON vs. CARVISTA/NOVATER, EMPLOYERS' COMPENSATION

Petition for RemovalWCJ interlocutory orderoff calendarfurther discoveryno final determinationsubstantive issuesignificant prejudiceirreparable harmreconsiderationadequate remedy

New York Party Shuttle, LLC v. John Bilello

Breach of ContractSettlement AgreementMutual MistakeNovationRepudiationAffirmative DefensesMotion for ContinuanceAttorney's FeesAppellate ReviewTexas Law

Garden Ridge, L.P. v. Clear Lake Center, L.P.

Superior Laminate & Supply, Inc. v. Formica Corporation and Patrick Weaver

Breach of ContractFraudPromissory EstoppelStatute of LimitationsNovationMerger DoctrineAppellate ReviewTake-Nothing JudgmentTexas LawDistributor Agreement