VINES-HERRIN CUSTOM HOMES, LLC, and HERRIN CUSTOM HOMES, INC., Plaintiffs, and EMIL G. CERULLO Intervenor, v. GREAT AMERICAN LLOYDS INSURANCE COMPANY AND MID-CONTINENT CASUALTY COMPANY, Defendants.
No. 05-15-00230-CV
In the Fifth District Court of Appeals, Dallas, Texas, On Appeal from the 44th District Court, Dallas County, Texas, Cause No. DC-03-6903
February 27, 2015
Hon. Carlos Cortez
Our File No.: 596/16147
Board Certified – Civil Appellate Law
Texas Board of Legal Specialization
214-712-9538
diana.faust@cooperscully.com
February 27, 2015
Ms. Lisa J. Matz, Clerk
Fifth District Court of Appeals
George L. Allen, Sr. Courts Building
600 Commerce Street, Suite 200
Dallas, Texas 75202
VIA EFILE
Dear Ms. Matz:
Pursuant to this Court‘s instructions, attached is a copy of the Amended Final Judgment signed by the Hon. Carlos Cortez on November 26, 2014, in Cause No. 03-6903, Vines-Herrin Custom Homes, L.L.C., et al., Plaintiffs v. Great American Lloyds Insurance Company, et al., Defendants, in the 44th District Court, Dallas County, Texas. The Judgment was appealed on February 16, 2015, and efiled with this Court on February 26, 2015.
Thank you for your cooperation in this matter. If you have any questions, or if you need any additional information, please feel free to give me a call.
Sincerely,
By: /s/Diana L. Faust
Diana L. Faust
DLF/lmw
Enclosure
cc: Mr. Geoffrey S. Harper VIA EFILE
harper@fr.com
Mr. Taj J. Clayton
clayton@fr.com
Fish & Richardson, P.C.
1717 Main Street, Suite 5000
Dallas, Texas 75201
Counsel for Appellees
VINES-HERRIN CUSTOM HOMES, LLC, and HERRIN CUSTOM HOMES, INC., Plaintiffs, and EMIL G. CERULLO Intervenor, v. GREAT AMERICAN LLOYDS INSURANCE COMPANY AND MID-CONTINENT CASUALTY COMPANY, Defendants.
CAUSE NO. DC-03-6903
IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 44th JUDICIAL DISTRICT
NOVEMBER 26, 2014
A bench trial on the above-captioned matter was conducted on May 14-16, 2008 before the 44th Judicial District Court of Dallas County, Texas. The Court heard testimony from witnesses, and received and admitted exhibits into evidence. After evaluating the credibility of the witnesses and weighing the evidence presented by the parties, Vines-Herrin Custom Homes, LLC and Herrin Custom Homes, Inc. (collectively “Vines-Herrin” or “Plaintiffs“) and Emil G. Cerullo (“Mr. Cerullo” or “Intervenor“), and Great American Lloyds Insurance Company and Mid-Continent Casualty Company (collectively “the Insurance Companies“), the Court enters the following findings of fact and conclusions of law:
First, the Court finds that the Insurance Companies breached their duty to defend Vines-Herrin against Mr. Cerullo‘s claims. IT IS THEREFORE ORDERED by the Court that Plaintiffs/Intervenor have and recover damages against the Insurance Companies, jointly and
Second, the Court finds that the Insurance Companies breached their duty to indemnify Vines-Herrin for the amount of the arbitration award entered against them as a result of Mr. Cerullo‘s claims. IT IS THEREFORE ORDERED by the Court that Plaintiffs/Intervenor have and recover damages from the Insurance Companies, jointly and severally, in the amount of TWO-MILLION FOUR-HUNDRED EIGHTY-SEVEN THOUSAND FIVE-HUNDRED SEVEN DOLLARS AND SEVENTY-SEVEN CENTS ($2,487,507.77), plus interest in the amount of ONE MILLION FIFTY-FOUR THOUSAND SIX HUNDREND THIRTY-FOUR DOLLARS AND THIRTY-SIX CENTS ($1,054,634.36) accrued from May 30, 2006 to the date of this Order on November 21, 2014.
Third, the Court finds that Plaintiffs/Intervenor were successful in prosecuting their breach of contract claim against the Insurance Companies and are therefore entitled to recover the reasonable and necessary attorneys fees incurred in prosecuting their breach of contract claim. IT IS THEREFORE ORDERED by the Court that Plaintiffs/Intervenor have and recover damages from the Insurance Companies, jointly and severally, in the amount of SIX-HUNDRED FOUR THOUSAND SEVEN-HUNDRED FORTY-THREE DOLLARS AND TWO CENTS ($604,743.02) as reasonable and necessary fees, as well as an additional FOURTEEN THOUSAND ONE-HUNDRED EIGHTY-SIX DOLLARS AND SEVENTY-SIX CENTS
Finally, IT IS ORDERED that the amounts awarded in this judgment shall accrue post-judgment interest at a rate of 5% per annum until paid in full.
THIS FINAL JUDGMENT DISPOSES OF ALL PARTIES AND CLAIMS IN THIS MATTER, AND IS APPEALABLE. ALL RELIEF NOT SPECIFICALLY GRANTED HEREIN IS DENIED.
SIGNED THIS 26th DAY OF NOVEMBER, 2014.
THE HONORABLE CARLOS CORTEZ
44th JUDICIAL DISTRICT COURT
DALLAS COUNTY, TEXAS