Scott’s Big Truck Sales, LLC; Don’s Big Truck Sales, LLC; Donald R. Scott; and Johnny A. Scott v. Automotive Finance Corporation

Summary

The Texas Court of Appeals for the Second Appellate District affirmed portions of a trial court judgment awarding Automotive Finance Corporation damages for breach of contract and breach of guaranty. The court reversed statutory additional-damages awards against the individual defendants and reversed the attorney’s-fees award, remanding for further proceedings.

Holdings

1. The awards of damages for breach of contract and breach of guaranty against Scott’s Big Truck Sales, LLC, Don’s Big Truck Sales, LLC, Donald R. Scott, and Johnny A. Scott are affirmed.
2. The additional-damages awards under Indiana Code Section 34-24-3-1 are affirmed as to Scott’s Big Truck Sales, LLC, and Don’s Big Truck Sales, LLC, but reversed as to the awards against Donald R. Scott and Johnny A. Scott.
3. The attorney’s-fees award is reversed.

Questions Presented

1. Whether the trial court properly awarded breach-of-contract and breach-of-guaranty damages against all appellants.
2. Whether the trial court properly awarded additional damages under Indiana Code Section 34-24-3-1 against the corporate and individual appellants.
3. Whether the trial court properly awarded attorney’s fees.

Disposition

reversed_and_remanded