[DOWNLOAD] "West anderson Plaza v. Exxon Mehdi Feyznia" by Supreme Court Of Utah # eBook PDF Kindle ePub Free

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eBook details

• Title: West anderson Plaza v. Exxon Mehdi Feyznia
• Author : Supreme Court Of Utah
• Release Date : January 11, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

West Anderson Plaza ("the Landlord") sued Exxon Mehdi Feyznia ("the Tenant") in a forcible-detainer action. The Tenant counterclaimed, asserting violations of section 17.46(b)(12) of the Deceptive Trade Practices Act ("DTPA"), Tex. Bus. & Com. Code Ann. ?? 17.41-.63 (West 1987 & Supp. 1994). The jury found that after having received due notice from the Landlord and an opportunity to cure, the Tenant had breached the lease. The jury also found, however, that the Landlord had damaged the Tenant in the amount of $1,000 by misrepresenting that the lease "conferred or involved rights, remedies or obligations which it did not have or involve," a violation of section 17.46(b)(12) of the DTPA. Based on the jurys verdict, the trial court rendered judgment that the Landlord recover possession of the premises, but that the Tenant recover from the Landlord $3,000 in damages and "additional damages" based on the Tenants DTPA counterclaim. Further, because the jury found the same amount of attorneys fees for each party, the trial court ordered that neither party was entitled to a net recovery of attorneys fees from the other. On appeal, the Landlord asserts that the evidence was insufficient to support the jurys findings regarding the Tenants DTPA counterclaim, including the findings of damages and attorneys fees. In two cross-points, the Tenant asserts that the evidence was insufficient to support the jurys findings that he breached the lease and that the trial court therefore erred in awarding the Landlord its attorneys fees. We will reverse and render in part and modify and affirm in part.

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