Kelly Michelle Davis | Lewisville Construction Lawyer

Patel vs. Creation Construction, Inc. 2013 WL 1277874 (Tex.App.-Dallas, 2013). Appellant and cross-appellee Charlie Patel contracted with appellee and cross-appellant Creation Construction, Inc. (Represented by Kelly Davis) to construct a convenience store in NorthPark Center, a shopping mall located in Dallas, Texas. The space in the mall was leased by an entity named Corner Store, Inc., which later changed its name to EZN News Nibbles Necessities (“EZN”). Creation later sued several defendants, including Patel and EZN, seeking approximately $79,000 in damages for services provided in connection with the construction of the convenience store and other miscellaneous expenses. After a nonjury trial the trial court entered judgment in favor of Creation against Patel and EZN for $42,630.72 in actual damages and $71,204.97 in attorneys' fees, as well as postjudgment interest and court costs. In three related issues on appeal Patel argues that he is not liable to Creation because he was acting as an agent for EZN when he signed the construction contract. We resolve Patel's issues against him and deny his appeal in his entirety. On cross-appeal Creation argues that the trial court erred when it denied its request for prejudgment interest. We agree with Creation and remand this case to the trial court.

In re Grayco Builders, LLC, Et. Al., 2014 WL 6845189 (Tx.App.-Austin, 2014) Writ of Mandamus denied after a Motion to Release Mechanic's Lien of Materialman was denied. Kelly Davis represented Materialman and filed the Mechanic's Lien which was preserved on the property and remained on the property through appeal.

Goodin vs. Jolliff and HVGC, 257 S.W.3d 341 (Tx.App.-Ft. Worth, 2008), reh. overruled Background: Workers, who contracted to live on company owner's property, brought action against company (represented by Kelly Davis) seeking injunctive relief and declaratory judgment that they were entitled to buy the property on which they resided, that they were entitled to reimbursements for improvements made to property, and that noncompetition agreements they had signed were invalid. The company and owners counterclaimed for trespass, nuisance, fraud, and breach of contract. The 158th District Court, Denton County, Carmen Rivera–Worley, J., entered judgment in accordance with jury verdict against workers on their claims, and in favor of company for its breach of contract claim, and awarded company attorney fees. Workers appealed. Holdings: The Court of Appeals, Terrie Livingston, J., held that: 1 jury could not consider, in determining damages award for workers' breach of property agreement with company, any tax increase absorbed by owner; 2 evidence was sufficient to support breach of property agreement damages award to company; 3 company was not entitled to an award of attorney fees after failing to present claim for fees; 4 covenants not to compete between company and workers were unenforceable; and 5 the District Court's error in releasing workers' temporary injunction security bond to company owner was harmless. Affirmed in part, reversed in part, and remanded.

Foster v. LeComte, 2015 WL 4599434 (Tex.App.-Ft. Worth, 2015). Appellant Ray L. Foster leased a hangar to Appellee Sam LeComte (represented by Kelly Davis). LeComte let a friend store a Winnebago RV in the hangar, and the hangar caught fire because of a problem with the Winnebago's electrical system. The fire significantly damaged or destroyed the hangar. LeComte refused to pay the damages Foster requested, so Foster sued him for more than $50,000. Foster now appeals from an adverse summary judgment granted in favor of LeComte. Because Foster does not challenge every summary judgment ground raised by LeComte, we affirm the trial court's judgment.

Foley vs. Parlier, 68 S.W.3d 870 (Tex.App.-Ft. Worth, 2002), reh. overruled. Partner(represented by Kelly Davis) brought action against copartner for fraud and breach of contract associated with copartner's fraudulent inducement of partner to purchase 49% interest in partnership business. The 16th District Court, Denton County, John Narsutis, J., rendered judgment of $12,750 in favor of partner, and remitted $750 of partner's damages. Copartner and partner appealed. The Court of Appeals, Anne Gardner, J., held that: (1) evidence was legally and factually sufficient to support finding that copartner committed fraud; (2) evidence was sufficient to support award of exemplary damages; (3) trial court did not err in requiring partner to choose between fraud and contract damages; and (4) trial court erred in ordering remittitur of partner's actual damages. Affirmed in part; judgment reformed.

Classic Century, Inc. v. Warranty Underwriters Insurance Company, 2015 WL 5461517 (Tx.App.-Ft. Worth, 2015). Background: Warranty company and underwriter (represented by Kelly Davis)brought action against home builder for breach of contract after builder failed to reimburse company and underwriter for costs and losses incurred as a result of three warranty claims. Following a bench trial, the 67th District Court, Tarrant County, 2014 WL 8120870, found builder liable under two of the three claims and for reasonable attorneys' fees. Builder appealed. Holdings: The Court of Appeals, Bill Meier, J., held that: 1 builder was contractually liable to reimburse company and underwriter, and 2 the District Court did not abuse its discretion by awarding attorneys' fees. The Appeals Court Affirmed the judgment in full.