Legal Opinion

Dixon v. Modelist

Texas Court of Appeals, 14th District (Houston)

Decided September 23, 2004No. 14-03-01111-CVPublishedCited by 4 opinions

1Opinion of the Court

MAJORITY OPINION

ADELE HEDGES, Chief Justice.

Joseph Dixon, d/b/a Dixon Concrete Contractors, appeals from a judgment favoring Shelton Modelist on Modelist’s breach of contract cause of action. In one issue, Dixon contends that the trial court erred in awarding actual damages and attorney’s fees because the jury did not award any past damages. We affirm.

Background

Dixon and Modelist entered into a written agreement in which Dixon agreed to lay a concrete driveway on Modelist’s property. The contract specified that Dixon would “strip and level site for proper drainage.” After the driveway was…

2Cases cited10 opinions

  1. Helena Chemical Co. v. WilkinsTexas Supreme Court · 2001
  2. Green International, Inc. v. SolisTexas Supreme Court · 1997
  3. GTE Mobilnet of South Texas Ltd. Partnership v. Pascouet, Texas Court of Appeals, 14th District (Houston)2001
  4. Frost National Bank v. Burge, Texas Court of Appeals, 14th District (Houston)2000
  5. Cale's Clean Scene Carwash, Inc. v. Hubbard, Texas Court of Appeals, 14th District (Houston)2002

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3Cited by4 opinions

  1. Hoppenstein Properties, Inc. v. McLennan County Appraisal District, Texas Court of Appeals, 10th District (Waco)2010
  2. Bfi Waste Systems of North America, Inc. and Browning-Ferris Industries, Inc. v. North Alamo Water Supply Corporation, Texas Court of Appeals, 13th District2006
  3. Dixon v. Modelist, Texas Court of Appeals, 14th District (Houston)2004
  4. MNC Spring Shadows, L.P. and MNC Memorial City Terrace, L.P. as Succesors-In-Interest Fedgress Shopping Centers, Ltd. v. Kearney, L.L.C D/B/A Cornbread's Billards and Bar and Vincent E. Kearney, Texas Court of Appeals, 14th District (Houston)2011

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