Jason Michael Spencer v. Dextral Capital, LP, a Delaware Limited Partnership and Dextral Capital Management Fund, LP, a Delaware Limited Partnership ( 2015 )

Affirmed as Modified and Opinion Filed May 1, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00927-CV
JASON MICHAEL SPENCER, Appellant
V.
DEXTRAL CAPITAL, LP, AND DEXTRAL CAPITAL MANAGEMENT
FUND, LP, Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 11-15530
MEMORANDUM OPINION
Before Justices Lang-Miers, Brown, and Stoddart
Opinion by Justice Stoddart
Following a bench trial, the trial court rendered judgment in favor of appellees against
Jason M. Spencer for actual and punitive damages. The judgment also awarded $85,000.00 in
attorney’s fees to Dextral Capital. In two issues, Spencer argues the trial court erred by awarding
attorney’s fees to Dextral Capital because it did not prevail on a breach of contract claim and
there was legally and factually insufficient evidence to support the amount of the fees. Appellees
do not oppose the relief requested by appellant.
Accordingly, we modify the trial court’s judgment to delete the award of attorney’s fees
in the amount of $85,000.00 to Dextral Capital. See TEX. R. APP. P. 43.2; McNutt v. Garick Fire
Prot., Inc., 225 S.W.3d 657, 657–58 (Tex. App.—El Paso 2006, no pet.) (reversal is proper
where appellee confesses error); Ervin v. Wichita County Family Court Services, 533 S.W.2d
947, 951 (Tex. Civ. App.—Fort Worth 1976, no writ). As modified, the trial court’s judgment is
affirmed.
/ Craig Stoddart/
CRAIG STODDART
JUSTICE
130927F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JASON MICHAEL SPENCER, Appellant On Appeal from the 134th Judicial District
Court, Dallas County, Texas
No. 05-13-00927-CV V. Trial Court Cause No. 11-15530.
Opinion delivered by Justice Stoddart.
DEXTRAL CAPITAL, LP, AND Justices Lang-Miers and Brown
DEXTRAL CAPITAL MANAGEMENT participating.
FUND, LP, Appellees
In accordance with this Court’s opinion of this date, the judgment of the trial court is
MODIFIED as follows:
the third full paragraph on the second page of the final judgment ordering that
Dextral Capital recover from Jason Michael Spencer the sum of $85,000.00 as
reasonable and necessary attorneys’ fees together with post-judgment interest
thereon is deleted.
It is ORDERED that, as modified, the judgment of the trial court is AFFIRMED.
It is ORDERED that appellant JASON MICHAEL SPENCER recover his costs of this
appeal from appellees DEXTRAL CAPITAL, LP, AND DEXTRAL CAPITAL
MANAGEMENT FUND, LP.
Judgment entered this 1st day of May, 2015.
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