Midwest Coal, LLC ex rel. Stanton v. Cabanas

PATRICIA L. COHEN, Presiding Judge.

Introduction

Midwest Coal (Plaintiff) appeals the trial court’s grant of summary judgment to Tom Cabanas (Defendant) on its claim for fraudulent misrepresentation. Plaintiff claims the trial court erred in granting summary judgment to Defendant because: (1) Plaintiff was not required to show a history of profitability in order to recover lost profits; and (2) genuine issues of material fact exist as to whether Plaintiff suffered lost profits. Plaintiff also contends that the trial court erred in denying its motion for partial summary judgment. We affirm.

Factua…