[Download] "Wilen v. Falkenstein" by Court of Appeals Second District of Texas Fort Worth ~ eBook PDF Kindle ePub Free
eBook details
- Title: Wilen v. Falkenstein
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 06, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This appeal arises from a trespass suit brought by Appellee William Falkenstein against his neighbor, Appellant John C. Wilen, for causing a tree service to trim a tree on Falkensteins property. The trial court entered judgment in accordance with the jurys verdict, awarding Falkenstein $5,300.00 in actual damages, $18,000.00 in exemplary damages, and attorneys fees of $29,700.00. Wilen raises eight issues on appeal, challenging the sufficiency of the evidence to support the jurys findings of trespass, actual damages, and exemplary damages; challenging the attorneys fees award; and claiming charge error. Because we hold that no legal basis exists for an attorneys fees award to Falkenstein, we will modify the judgment by deleting the attorneys fees award, and as modified, we will affirm the trial courts judgment.