Case: 13-40554 Document: 00512490088 Page: 1 Date Filed: 01/06/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40554
Summary Calendar United States Court of Appeals
Fifth Circuit
FILED
ALOECORP, INCORPORATED, January 6, 2014
Lyle W. Cayce
Plaintiff-Appellee Clerk
v.
DAMKEN, L.L.C.,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CV-86
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Damken, L.L.C. appeals the judgment of the
district court implementing the jury’s award of damages for breach of the
construction contract between Damken and Plaintiff-Appellee Aloecorp,
Incorporated. Our review of the record brought forward on appeal, in light of
the applicable law as reflected in the appellate briefs of the parties, satisfies
us that Damken’s claims, including that the district court abused its discretion
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-40554 Document: 00512490088 Page: 2 Date Filed: 01/06/2014
No. 13-40554
(1) by denying Damken’s motion for partial judgment on the pleadings and for
judgment as a matter of law for anticipatory breach, early termination, and
repudiation of a construction contract at issue, and (2) by refusing to submit
the issue of restitution to the jury, are not sustained by the facts or the law. In
sum, we perceive no reversible error and therefor affirm the district court’s
award of damages, attorney’s fees and costs, court costs, and post-judgment
interest.
AFFIRMED.
2