33rd / 424th District Courts

HFE Development Corporation, Don F. Holley, and Barbara Holley, Appellants v. Barbara Wilbourne and Dave Wilbourne, Appellees.
Case on 3rd Court of Appeals site. Error found not requiring reversal. Judgment modified to reflect the award of appellate attorney's fees contingent on success of Wilbournes on appeal, and affirmed.

Case is complex with a complex appeal. Guess you "just had to be there." Some of the issues included:

Whether a jury issue improperly contained questions of law: Involves submission to the jury of the question of ambiguity of a written contract, the trial court having determined as a matter of law that the contract was ambiguous.

Failure to submit appellants' proposed jury question on quantum meruit. Appellate court agrees that existence of a written contract precludes submission on quantum meruit.

Legally insufficient evidence to support jury finding that Barbara Holley committed fraud.

Judgment's failure to condition Wilbourne attorney fees on success in appeal. 3rd Court modified here.

Regarding a paragraph in the judgment which prevented double recovery, and what was the amount thusly limited.

Judgment modified as to attorney fee award and otherwise affirmed.