LSC Towers, LLC and Lovell Family Limited Partnership v. LG Preston Campbell, LLC, Leon Capital Group, LLC, and LG Acquisitions, LLC

AFFIRMED AS REFORMED in part; REVERSED in Part; and
REMANDED and Opinion Filed September 19, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00433-CV
LSC TOWERS, LLC AND LOVELL FAMILY LIMITED PARTNERSHIP,
Appellants
V.
LG PRESTON CAMPBELL, LLC, LEON CAPITAL GROUP, LLC, AND
LG ACQUISITIONS, LLC, Appellees
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-07734
SUPPLEMENTAL MEMORANDUM OPINION
Before Justices Myers, Molberg, and Garcia
Opinion by Justice Garcia
In our opinion dated August 30, 2022, we suggested a remittitur of $34,038.50
of attorney’s fees assessed against appellant Lovell Family Limited Partnership. We
stated that if appellees filed a remittitur within fifteen days of the opinion’s date, we
would reform the trial court’s judgment with respect to those attorney’s fees and
affirm as reformed. If appellees did not timely file a remittitur, we would reverse the
trial court’s judgment with respect to the fee award against Lovell Family Limited
Partnership and remand the case for further proceedings as to those attorney’s fees.
On September 14, 2022, appellees filed a remittitur and asked this Court to
reform the trial court’s judgment to reflect the requested remittitur. Accordingly, we
vacate our judgment, but not our opinion, dated August 30, 2022, and reform the
trial court’s judgment with respect to the attorney’s fees assessed against appellant
Lovell Family Limited Partnership to reflect the remittitur of $34,038.50.
We reverse the trial court’s judgment to the extent it orders LSC Towers to
take nothing on its claims against LG Preston for breach of contract and declaratory
judgment specifically relating to the MDA, and we reverse all of the judgment’s
awards of attorney’s fees against LSC Towers. Otherwise, we affirm the judgment
as reformed. We remand the case for further proceedings consistent with our
opinions.
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
200433F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LSC TOWERS, LLC AND LOVELL On Appeal from the 193rd Judicial
FAMILY LIMITED District Court, Dallas County, Texas
PARTNERSHIP, Appellants Trial Court Cause No. DC-18-07734.
Opinion delivered by Justice Garcia.
No. 05-20-00433-CV V. Justices Myers and Molberg
participating.
LG PRESTON CAMPBELL, LLC,
LEON CAPITAL GROUP, LLC,
AND LG ACQUISITIONS, LLC,
Appellees
We VACATE our judgment dated August 30, 2022. In accordance with this
Court’s opinion of August 30, 2022, and supplemental opinion of September __,
2022, the judgment of the trial court is AFFIRMED AS REFORMED in part and
REVERSED in part.
We REFORM the trial court’s judgment as follows. We delete the last
paragraph on the first page of the judgment (the paragraph that begins “Fees from
Plaintiffs:”) and replace it with the following:
Fees from Plaintiffs: Defendants shall have and recover from
Plaintiff Lovell Family Limited Partnership the amount of $52,583.75,
representing Defendants’ reasonable and necessary attorney’s fees,
which are equitable and just pursuant to Tex. Civ. Prac. & Rem. Code
§ 37.009 et seq.
We REVERSE the trial court’s judgment to the extent it grants summary
judgment against appellant LSC Towers, LLC on its claims against appellee LG
Preston Campbell, LLC, for breach of contract and for declaratory judgment to the
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extent those claims are based on the Master Development Agreement. We also
REVERSE the judgment to the extent it awards attorney’s fees against appellant
LSC Towers, LLC. We REMAND the case for further proceedings on
(1) appellant LSC Towers, LLC’s claims against appellee LG Preston Campbell,
LLC, for breach of contract and for declaratory judgment to the extent those claims
are based on the Master Development Agreement, (2) appellant LSC Towers,
LLC’s claims against appellee LG Preston Campbell, LLC for attorney’s fees
under the Uniform Declaratory Judgments Act, and (3) appellees LG Preston
Campbell, LLC, Leon Capital Group, LLC, and LG Acquisitions, LLC’s claims
against appellant LSC Towers, LLC for attorney’s fees under the Uniform
Declaratory Judgments Act.
We AFFIRM the trial court’s judgment in all other respects.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered this 19th day of September 2022.
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