MORGAN BLDGS. AND SPAS v. HUMANE SOCIETY

No. 09-06-439 CV.

249 S.W.3d 480 (2008)

MORGAN BUILDINGS AND SPAS, INC., Appellant v. HUMANE SOCIETY OF SOUTHEAST TEXAS, Appellee.

Court of Appeals of Texas, Beaumont.

Opinion Delivered March 13, 2008.


Attorney(s) appearing for the Case

Andrew G. Jubinsky, Andrew C. Whitaker, Figari & Davenport, LLP, Dallas, for appellant.

Kip K. Lamb, K. Leigh Parker, Jr., Mark W. Frasher, The Lamb Firm, Beaumont, for appellee.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.


OPINION

DAVID GAULTNEY, Chief Justice.

Morgan Buildings and Spas, Inc. appeals a judgment in favor of the Humane Society of Southeast Texas based on breach of contract, breach of warranty, fraud, and violations of the Texas Deceptive Trade Practices Act (DTPA). We conclude Morgan breached the contract, but there is insufficient evidence of the amount of damages, and the recoverable attorney fees were not segregated from non-recoverable fees. We conclude...

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