Jason Michael Spencer, Appellant v. LP LP (2015)

Court of Appeals of Texas, Dallas.

Jason Michael Spencer, Appellant v. Dextral Capital, LP, and Dextral Capital Management Fund, LP, Appellees

No. 05–13–00927–CV

Decided: May 01, 2015

Before Justices Lang–Miers, Brown, and Stoddart

MEMORANDUM OPINION

Following a bench trial, the trial court rendered judgment in favor of appellees against Jason M. Spencer for actual and punitive damages. The judgment also awarded $85,000.00 in attorney's fees to Dextral Capital. In two issues, Spencer argues the trial court erred by awarding attorney's fees to Dextral Capital because it did not prevail on a breach of contract claim and there was legally and factually insufficient evidence to support the amount of the fees. Appellees do not oppose the relief requested by appellant.

Accordingly, we modify the trial court's judgment to delete the award of attorney's fees in the amount of $85,000.00 to Dextral Capital. See Tex.R.App. P. 43.2; McNutt v. Garick Fire Prot., Inc., 225 S.W.3d 657, 657–58 (Tex.App.—El Paso 2006, no pet.) (reversal is proper where appellee confesses error); Ervin v. Wichita County Family Court Services, 533 S.W.2d 947, 951 (Tex.Civ.App.—Fort Worth 1976, no writ). As modified, the trial court's judgment is affirmed.

Opinion by Justice Stoddart

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