City of Willow Park, Texas v. E.S. & C.M., Inc. ( 2014 )


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  •                            COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-13-00272-CV
    City of Willow Park, Texas                  §    From the 43rd District Court
    §    of Parker County (CV11-1093)
    v.
    §    February 6, 2014
    E.S. & C.M., Inc.                           §    Opinion by Chief Justice Livingston
    JUDGMENT
    This court has considered the record on appeal in this case and holds that
    there was error in part of the trial court’s order.
    We affirm the trial court’s order denying City of Willow Park, Texas’s plea
    to the jurisdiction to the extent that the trial court did not dismiss E.S. & C.M.,
    Inc.’s breach of contract claim. We reverse the trial court’s order denying City of
    Willow Park, Texas’s plea to the jurisdiction to the extent that the trial court did
    not dismiss E.S. & C.M., Inc.’s claim for quantum meruit and its request for
    attorney’s fees on its breach of contract claim. We render a judgment dismissing
    E.S. & C.M., Inc.’s quantum meruit claim and its request for attorney’s fees on its
    breach of contract claim with prejudice, and we remand this case for further
    proceedings on E.S. & C.M., Inc.’s breach of contract claim
    It is further ordered that appellant City of Willow Park, Texas and appellee
    E.S. & C.M., Inc. shall equally split all of the costs of this appeal, for which let
    execution issue.
    SECOND DISTRICT COURT OF APPEALS
    By    /s/ Terrie Livingston______________
    Chief Justice Terrie Livingston
    

Document Info

Docket Number: 02-13-00272-CV

Filed Date: 2/6/2014

Precedential Status: Precedential

Modified Date: 10/16/2015