Yue Qi v. Hanyang an and Ruolin Wang ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-20-00330-CV
YUE QI, Appellant § On Appeal from the 462nd District
Court
§ of Denton County (17-10422-362)
V.
§ October 28, 2021
HANYANG AN AND RUOLIN WANG, § Memorandum Opinion by Justice
Appellees Bassel
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 judgment. It is ordered that the judgment of the
trial court is affirmed in part and reversed in part.
We affirm the default judgment as to both liability and the damages on
Appellees’ claims for breach of contract, “claim on note,” fraud, theft, conversion,
negligent misrepresentation, money had and received, and unjust enrichment.
We reverse the damages awarded for indemnity, we reverse the portion of the
judgment awarding attorneys’ fees, and we remand this case to the trial court to
modify the default judgment to delete the award attributed to the unpleaded
indemnity claim and to redetermine attorneys’ fees.
It is further order that Appellant Yue Qi and Appellees Hanyang An and
Ruolin Wang shall split the costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Dabney Bassel
Justice Dabney Bassel