Pointe West Center, LLC v. It's Alive, Inc. and Shamil Qureshi, Individually, and as Agent For, It's Alive, Inc.
01-14-00779-CV
| Tex. App. | Mar 25, 2015Background
- Pointe West (landlord) sued It's Alive and guarantor Shamil Qureshi for breach of a commercial lease and conversion/trespass to chattels after tenant vacated premises; tenant counterclaimed over security deposit.
- Lease ended Aug 15, 2012; tenant stayed through September 2012 with landlord accepting regular rent; tenant vacated Sept 30, 2012 in a messy condition.
- Landlord demanded repair costs (initially estimated ~$28,400); landlord later collected and used the $8,000 security deposit and produced voluminous checks, timesheets, Home Depot receipts, and a few invoices at trial.
- Landlord’s sole damages witness, Fred Behzadi, was not offered as an expert and could not identify what many payments were for, whether they related to the tenant’s space, or whether charges were reasonable/necessary.
- Jury found defendants liable and awarded $15,000 as the reasonable cost to repair; trial court entered judgment for $15,000. Defendants filed a cross-appeal arguing legal insufficiency of the damages evidence and that an instructed verdict should have been granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether the trial court erred by denying defendants’ motion for an instructed verdict on repair-cost damages | Pointe West contends it produced documentary evidence of amounts paid/owed (checks, timesheets, receipts) supporting repair-cost damages | Defendants argue there was no evidence tying costs to the leased space, describing the work, or showing costs were reasonable and necessary—so no evidence to submit to jury | Trial court denied instructed verdict and submitted damages to jury (jury awarded $15,000) |
| 2. Whether there was legally sufficient evidence to support the jury’s $15,000 answer for reasonable cost of repairs | Pointe West relied on Behzadi’s testimony and documentary exhibits to show amounts paid and total repair estimate | Defendants contend the documents lacked invoices/description, contractor timesheets were unspecific, largest plumbing check had no invoice, and no witness established reasonableness or necessity | Jury awarded $15,000; defendants argue on cross-appeal the evidence is legally insufficient to sustain that award |
| 3. Whether the trial court erred in rendering judgment awarding any damages given the alleged absence of legally sufficient evidence | Pointe West treats the presented documents and Behzadi’s testimony as adequate proof of costs incurred | Defendants request reversal and rendition that Pointe West take nothing because plaintiff failed to prove specific work, necessity, and reasonableness of charges | Trial court entered final judgment for $15,000; cross-appellants ask appellate court to reverse and render judgment for defendants |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for legal-sufficiency review and no-evidence challenges)
- Burbage v. Burbage, 447 S.W.3d 249 (Tex. 2014) (burden and standards for legal-sufficiency review where party bears proof)
- Juliette Fowler Homes, Inc. v. Welch Assocs., 793 S.W.2d 660 (Tex. 1990) (no-evidence framework and appellate review principles)
- GATX Tank Erection Corp. v. Tesoro Petroleum Corp., 693 S.W.2d 617 (Tex. App.—San Antonio 1985) (plaintiff must prove reasonable value of repairs)
- Ebby Halliday Real Estate v. Murnan, 916 S.W.2d 585 (Tex. App.—Fort Worth 1996) (proof of amounts charged/paid alone does not establish reasonableness/necessity)
- Fort Worth Hotel Ltd. P'ship v. Enserch Corp., 977 S.W.2d 746 (Tex. App.—Fort Worth 1998) (insufficiency where jury left to speculate about necessity/reasonableness of repairs)
- Allright, Inc. v. Lowe, 500 S.W.2d 190 (Tex. Civ. App.—Houston 1973) (costs incurred and invoices paid are not alone sufficient to prove reasonableness)