LeBaron & Associates, Inc. v. Rebel Enterprises, Inc.

OPINION

BILLINGS, Associate Presiding Judge:

This is an appeal from a bench trial in which the trial court awarded third-party defendant NEC Information Systems, Inc. (NEC) a judgment against third-party plaintiff Rebel Enterprises, Inc. (Rebel), in NEC’s counterclaim against Rebel for breach of contract. Rebel’s sole claim on appeal is the trial court erred in failing to consider Rebel’s affirmative defense that NEC did not mitigate its damages. Rebel requests this court to remand the case for further findings and conclusions on the issue of mitigation, or, alternatively, to find that NEC…