HOUSTON – An appellate court ruled that a trial court did not err when it granted summary judgment to a company who alleges a check for payment for stretchers bounced.
On Sept. 27, the 14th Court of Appeals upheld the Harris County Civil Court at Law No. 4's ruling that granted summary judgment to Drew Marine USA Inc. Steven Lorke, the owner of Lorke Services, had appealed this ruling.
"Lorke argued on appeal that the trial court erred in determining that there is 'no dispute as to any material facts' and granting summary judgment in favor of Drew Marine because he 'presented clear evidence showing that Drew Marine did not honor our agreement...,'" the ruling states.
According to the ruling, Lorke and Drew Marine entered into an agreement for the delivery of stretchers. Lorke ordered 50 stretchers from Drew Marine at cost of $67,500. Lorke wrote two checks to pay for the stretchers, one for $32,400 and another for $35,100.
The stretchers were delivered by Drew Marine to Lorke in two shipments. However, after cashing one of the checks, Drew Marine claims that it was unable to cash the second check in the amount of $35,100 because it was returned for insufficient funds.
According to the ruling, Drew Marine made a written demand prior to filing the lawsuit. The company also demanded that the stretchers be sent back to Drew Marine. The company argued in part, "Lorke would be unjustly enriched if he was allowed to retain the stretchers sent to him without paying Drew Marine."
A formal complaint was filed in January 2017 by Drew Marine. Lorke entered a general denial in February 2017, the ruling states.
In March 2017, a motion for summary judgment was filed by Drew Marine. The trial court granted that summary judgment in August 2017. Lorke filed an appeal thereafter.