BEAUMONT -- A Texas appeals court denied and reversed on Sept. 19 a trial court's ruling in a case between Quality Event Flooring Systems and FC Festivals.
Iowa-based FC Festivals LLC had filed in the Texas Ninth District Court of Appeals and the case was overseen and ordered by Justice Hollis Horton.
“The trial court resolved these questions in a Texas company’s favor and denied an Iowa company’s special appearance. In its special appearance, the Iowa company claimed it never purchased the goods that were the subject of the Texas company’s suit,” according to page 2 of the court filings.
The appeals court concluded that the clause does not apply because Quality Event knew the goods in question were not purchased on FC Festival’s account.
In September 2017, Quality Event Flooring (based in Texas) sued Basis Live, FC Festivals, Dave DeWaard, and Dave Arndt. Quality alleged the defendants did not pay the remaining balance of the work that Quality Flooring performed under two floor-rental contracts. The Festivals alleged its never rented the floors for the concert that was mentioned in Quality Event Flooring’s lawsuit. After a in 2018, the court ruled in Quality Event Flooring’s favor.
During the appeal, the appellate judge ruled that the trial court erred in dismissing FC Festivals’ special appearance. It was determined that, on record, there is no evidence that shows a connection exists between Festival’s contacts with Quality Flooring’s claims.
Court of Appeals Ninth District of Texas at Beaumont case number No. 09-18-00374-CV