HOUSTON — The 14th Court of Appeals in Texas has overruled Kevin Hood's issues that challenged Harris County Civil Court at Law No. 4's summary judgement on a court reporting services breach of contract issue. In Justice Jerry Zimmerer's opinion, he wrote the panel upheld that portion of the summary judgement which held Hood liable for such damages to Hanna & Hanna for $7,998.38; however, reversed the civil court's award of attorney's fees to Hanna & Hanna. The memorandum was filed on April 23rd.
Hanna & Hanna, Inc. performed court reporting services for Hood in a lawsuit where seven depositions were taken. The company sent Hood invoices for each of those depositions which came out to a total of $7,998.39. Hood didn't pay for those services. Hanna & Hanna sued him alleging several causes of action including suit on a sworn account, breach of contract, suit on an open account, and quantum merit. They said they suffered damages in the amount of the unpaid invoices and were also requesting attorney's fees.
The court granted their requested summary judgement, plus damages and $2,500 in attorney's fees, but Hood challenged it with an appeal.
Zimmerer found Hanna & Hanna had proved their breach of contract claim which was supported by law. Hood didn't attach any evidence to show otherwise on his response to the company's request for summary judgement. The appeals court also decided the trial court made a mistake when it granted Hanna & Hanna attorney's fees, since the company did not establish it was entitled to those fees. The company had included an affidavit from its attorney James West, who said his services were done on behalf of a company called "Bobcat of Houston Company Division of Berry Companies," not Hanna & Hanna.
The case was sent back to Harris County Civil Court for more hearings that are in accordance with the appeals court's opinion.