Dunn v. Menassen

OPINION

Before DORSEY, DALLY, 1 and SMITH, 2 JJ. DORSEY, Justice.

James Dunn appeals an adverse judgment in favor of M & M Distributors. After a bench trial, the trial court awarded actual and exemplary damages and prejudgment interest totalling $79,915.95. Appellant complains of error in several general areas: that the trial court erred in failing to abate because of the pendency of bankruptcy; legal insufficiency of the evidence; and that M & M is not entitled to pre-judgment interest or to exemplary damages. We affirm in part and reverse and render in part.

Factual Background

In 1989, M & M…