D. R. Horton, Inc. - Torrey v. Tausch

Miller, Judge.

Susan Tausch sued D. R. Horton, Inc. - Torrey d/b/a Torrey Homes (“Torrey Homes”) for real estate commissions that Torrey Homes allegedly failed to pay Tausch after firing her. Following a bench trial, the trial court awarded Tausch the commissions and further awarded her attorney fees. Torrey Homes appeals from this ruling. Since the undisputed evidence reveals that prior to Tausch’s lawsuit Torrey Homes had already paid Tausch all of the commissions to which she was entitled under her employment contract, the trial court erred as a matter of law in failing to enforce the…