Juan Angel Guerra v. Raul P. Flores
13-15-00533-CV
| Tex. App. | Oct 26, 2017Background
- Raul P. Flores, a professional engineer, sued Juan Angel Guerra in quantum meruit for engineering services provided at four sites; trial court awarded Flores $20,000.
- Guerra appealed following a bench trial and provided only a partial reporter’s record containing his own testimony.
- Guerra asserted statute-of-limitations as an affirmative defense at trial and bore the burden to prove it.
- The trial court implicitly rejected Guerra’s limitations defense when it entered judgment for Flores.
- The Court of Appeals reviewed procedural rules about incomplete records and the presumption that missing portions support the judgment.
Issues
| Issue | Plaintiff's Argument (Flores) | Defendant's Argument (Guerra) | Held |
|---|---|---|---|
| Whether Flores’s quantum meruit claim was barred by the statute of limitations | Suit was timely (trial finding implies timely filing) | Claim barred by limitations; Guerra raised limitations at trial | Court affirmed; Guerra failed to prove limitations on appeal and did not supply complete record, so presumption favors judgment |
| Whether Flores gave reasonable notice that he expected payment (element of quantum meruit) | Proof supported finding that Flores expected payment | Insufficient evidence that Flores provided reasonable notice | Court declined to reverse; argued review required full record which Guerra did not provide |
Key Cases Cited
- Woods v. William M. Mercer, Inc., 769 S.W.2d 515 (Tex. 1988) (party asserting affirmative defense bears burden at trial)
- Dow Chem. Co. v. Francis, 46 S.W.3d 237 (Tex. 2001) (standard for legal-sufficiency review when appellant bore burden at trial)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (factfinder is sole judge of witness credibility; entire-record requirement for sufficiency review)
- Jaramillo v. Atchison, Topeka & Santa Fe Ry. Co., 986 S.W.2d 701 (Tex. App.—Eastland 1998, no pet.) (presumption that missing reporter’s-record portions support the judgment)
- Pepi Corp. v. Galliford, 254 S.W.3d 457 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (elements required to recover in quantum meruit)