Jan Mogged, James Richard Fletcher and Michael Alan Taylor v. Bobby Wayne Lindamood, Jr., and Jr's Demolition & Excavation, Inc. ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-18-00126-CV
JAN MOGGED, JAMES RICHARD § On Appeal from the 348th District Court
FLETCHER, AND MICHAEL ALAN
TAYLOR, Appellants and Appellees § of Tarrant County (348-278342-15)
§ December 3, 2020
V.
§ Memorandum Opinion by Justice Kerr
BOBBY WAYNE LINDAMOOD JR. AND § Concurring and Dissenting Memorandum
JR’S DEMOLITION & EXCAVATION,
INC., Appellees and Appellants § Opinion by Chief Justice Quinn
JUDGMENT ON EN BANC RECONSIDERATION
We withdraw our December 31, 2018 memorandum opinion and judgment and
substitute the following. This court has again 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 trial court’s judgment is affirmed in part and reversed and remanded in part.
We reverse that part of the trial court’s judgment awarding trial and appellate
attorney’s fees to Jan Mogged, James Richard Fletcher, and Michael Alan Taylor, and
remand the case to the trial court for a redetermination of these fees. We affirm the
remainder of the trial court’s judgment.
It is further ordered that Jan Mogged, James Richard Fletcher, and Michael
Alan Taylor, jointly and severally, pay one-half of the costs of this appeal and that
Bobby Wayne Lindamood Jr. and JR’s Demolition & Excavation, Inc., jointly and
severally, pay one-half of the costs of this appeal.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Elizabeth Kerr__________________
Justice Elizabeth Kerr