Legal Opinion

Hardman v. Dault

Texas Court of Appeals, 4th District (San Antonio)

Decided June 16, 1999No. 04-98-00016-CVPublishedCited by 39 opinions

1Opinion of the Court

ON APPELLANT’S MOTION FOR REHEARING

Opinion by:

PAUL W. GREEN, Justice.

On rehearing, we withdraw our prior opinion and judgment and substitute the following.

James A. Hardman appeals a summary judgment in favor of Raymond D. Dault enforcing a written settlement agreement. Hardman also complains he was denied a jury trial on the issue of attorney’s fees. We affirm the judgment enforcing the settlement agreement; however, we reverse the award of attorney’s fees and remand that issue for a new trial.

Facts and Procedural Background

Hardman owned 19 acres of land securing his real estate hen note…

2Cases cited4 opinions

  1. Swilley v. HughesTexas Supreme Court · 1972
  2. Padilla v. LaFranceTexas Supreme Court · 1995
  3. FORECA, SA v. GRD Development Co., Inc.Texas Supreme Court · 1988
  4. Martin v. Black, Texas Court of Appeals, 14th District (Houston)1995

3Cited by39 opinions

  1. John Wood Group USA, Inc. v. Ico, Inc., Texas Court of Appeals, 1st District (Houston)2000
  2. Amalgamated Acme Affiliates, Inc. v. Minton, Texas Court of Appeals, 3rd District (Austin)2000
  3. General Metal Fabricating Corporation, GMF Leasing Inc., and Arnold Curry v. John Stergiou and Main Marine Repair and Industrial Cleaning Co., Texas Court of Appeals, 1st District (Houston)2014
  4. Medistar Corp. v. Schmidt, Texas Court of Appeals, 4th District (San Antonio)2008
  5. Gutierrez v. Laredo Independent School District, Texas Court of Appeals, 4th District (San Antonio)2004

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