[Download] "City Of Dallas V. Redbird Development Corp." by In the Court of Appeals Fifth District of Texas at Dallas " Book PDF Kindle ePub Free
eBook details
- Title: City Of Dallas V. Redbird Development Corp.
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 09, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
This is an appeal by the City of Dallas (City) from an adverse jury verdict for $3 million in favor of Redbird Development Corporation (RDC) on RDC's breach of contract claim. First, the City urges us to conclude that the trial court erred in denying its plea to the jurisdiction which was based on its sovereign immunity. We are requested to decide that since the City was not subject to the jurisdiction of the trial court, the trial court's order denying the City's plea to the jurisdiction should be reversed and RDC's claims dismissed. RDC asserts that, pursuant to the Texas Supreme Court's decision in Reata Construction Corp. v. City of Dallas, 47 Tex. Sup. Ct. J. 408, 2004 WL 726906 (Tex. Apr. 2, 2004) (per curiam) (mo. for reh'g filed), the City's initiation of its breach of lease claims against RDC waived sovereign immunity and paved the way for RDC to assert its counterclaim for breach of the same lease. Then, the City raises four other issues: (1) the evidence is legally and factually insufficient to support the award of $3 million in damages, and the damages are clearly excessive and unjust; (2) the trial court abused its discretion in severing another party, First Redbird Development Corporation (FRDC), from the suit; (3) the trial court abused its discretion in denying the City's motion to disqualify counsel for RDC, after counsel withdrew from representing FRDC; and (4) postjudgment interest should be reduced because a 2003 legislative amendment to section 304.003 of the finance code reducing the postjudgment interest rate applies here. For the reasons that follow, we reject the City's arguments and affirm the trial court's judgment.