Continental Dredging, Inc. v. De-Kaizered, Inc., 120 S.W.3d 380 (Tex. App.-Texarkna 2003, pet. denied)

Outcome: successful appeal of jury findings awarding fees

Description: Complex breach of contract and deceptive trade practices claim. Continental sued for failuere to pay on the contract. De-Kaizered counter-claimed Continental failed to complete dredging to specified depth, but facts showed silt was re-deposited by tidal surge after a hurricane swept through the channel and dock space. Jury found there was no breach of contract, no breach of implied warranty, but did find DTPA violation. On appeal, the decision was reversed and attorney fees awarded to Continental