Camden Design Group, Inc. v. Dialyspa Management Services, Inc.; Fernando Flores-New; Jeffery Kalina and Ali Kalina

Summary

The First Court of Appeals of Texas affirmed summary judgment dismissing Camden Design Group’s breach-of-settlement-agreement and attorney’s-fees claims. The court held that Camden failed to establish damages because it received all settlement payments, including the disputed fourth payment, and that Camden did not satisfy the statutory presentment requirement for attorney’s fees. The court did not reach the motion-for-new-trial issue.

Holdings

1. Camden did not establish that it suffered pecuniary damages from the alleged breach because the evidence conclusively showed that it received the first three payments and the disputed fourth payment of $7,500.
2. Camden could not recover attorney's fees because it failed to establish proper presentment of its claim and failure to tender performance within the statutory period.
3. The court did not reach the motion-for-new-trial issue because it had already concluded that the trial court properly granted summary judgment for Dialyspa.

Questions Presented

1. Whether summary judgment was proper on Camden's breach-of-contract claim when Camden received all three initial payments and later received the disputed fourth payment.
2. Whether Camden established entitlement to attorney's fees under Texas Civil Practice and Remedies Code sections 38.001 and 38.002.
3. Whether the trial court abused its discretion by denying Camden's motion for new trial.

Disposition

affirmed