BEAUMONT – Storm attorney Danny Ray Scott and his firm, Scott Law Offices, were shutdown by the First Court of Appeals today, as justices declined to transfer a breach of contract lawsuit against them to Jefferson County.
The suit in question was filed in Colorado County and was brought by Quinney Holdings (better known as Loss Solutions) in 2017.
Beginning in 2013, Scott, who represents insureds in wind, hail and fire claims, retained Quinney to serve as an expert witness for its clients.
Court records show Quinney traveled to client properties and inspected and photographed structures. Quinney then, at its principal office in Colorado County, performed loss calculations and drafted formal expert reports, which it submitted to Scott.
Quinney also provided expert-witness testimony.
In its suit, Quinney claims it provided expert services for 24 properties, which Scott failed to pay for. The invoices total $40,646.
When Scott answered the suit, he moved to transfer the venue to Jefferson County, court records show.
Quinney, conversely, argued that a substantial portion of the work it performed took place in Colorado County.
On Nov. 16, 2017, a trial court denied Scott’s motion to transfer venue.
On April 11, 2018, the parties entered into a settlement agreement for $45,000. However, after two payments of $500, Scott stopped the installments.
The claim lingered and Quinney filed a second amended petition and moved summary judgment. After Scott failed to file a response, the trial court granted summary judgment in favor of Quinney, awarding the company $44,000 in damages plus $2,500 in attorney’s fees.
On appeal, justices found that Quinney’s evidence demonstrates that it maintains its place of business in Colorado County; Scott initially inquired about Quinney’s services by calling Darrell Quinney (the owner) at his office; and Scott also sent Quinney work assignments at Quinney’s office.
“Thus, Quinney presented evidence that the parties’ contract was formed in Colorado County, a substantial portion of the work was performed there, and the breach occurred there,” the opinion states. “…(W)e hold that the trial court did not err in denying (Scott’s) motion to transfer venue.
Appeals case No. 01-19-00739-CV