In October 2012, Baptist Hospitals of Southeast Texas sued Reytec Construction Resources, alleging the company left a mound of dirt in its parking lot after a lease with the hospital expired.

On Nov. 23, the Ninth Court of Appeals reversed a summary judgment granted in favor of Baptist Hospitals, nullifying a final judgment that awarded the medical provider and its attorney more than $200,000 in damages and fees.

According to the lawsuit, on Feb. 28, 2010, the parties entered into a 1-year lease agreement for land and a parking area on Baptist hospital's campus.

Reytec used the property for the storage of construction equipment and materials in connection with a project for the city of Beaumont.

While most of the equipment was removed, Reytec did not remove an enormous pile of dirt.

A Beaumont fire marshal had told Baptist the dirt contains hazardous substances, according to its suit.

Despite demand, Reytec refused to remove the dirt, forcing Baptist to restore the lot at its own expense for a cost of $100,000.

Baptist accused Reytec of breaching its contract and moved for summary judgment, court records show.

On Dec. 15, 2014, the trial court granted Baptist’s motions for summary judgment, awarding the hospital $100,000 in actual damages. On Feb. 19, 2015, the trial court amended its final judgment to include an award of $94,582.85 in attorney’s fees, $3,590.64 in taxable costs, and $10,833.33 in pre-judgment interest.

On appeal, Reytec presented evidence that Baptist wanted the dirt to use in a future hospital project.

Justices concluded Reytec raised genuine issues of material fact on the breach of contract issue.

Houston Attorney Mary-Olga Lovett represents Baptist.

Attorneys Todd Riddle and Anthony Golz represent Reytec.

Judge Gary Sanderson, 6oth District Court, is presiding over the trial court.

Trial court case No. B193-365

Appeals case No. 09-15-00085-CV

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