Brian C. Simcoe v. Thomas Christopher and Catrina Christopher

Fourth Court of Appeals
San Antonio, Texas

JUDGMENT
No. 04-14-00735-CV

Brian C. SIMCOE,
Appellant

v.
Thomas Christopher and
Thomas CHRISTOPHER and Catrina Christopher,
Appellees

From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-15519
Honorable Barbara Hanson Nellermoe, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE MARTINEZ, AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the trial court’s judgment is
AFFIRMED to the extent the trial court found appellees were entitled to recover $18,411.14 in
damages and $5,000.00 in attorney’s fees, but REVERSED to the extent the trial court awarded
recovery of $18,411.14 in damages and $5,000.00 in attorney’s fees solely against appellant, Brian
Simcoe. We REMAND the cause to the trial court (1) for a reconsideration of its allocation of the
$5,000.00 in attorney’s fees as between appellant and Adria Simcoe, and (2) to reform the
judgment (a) to make appellant and Adria Simcoe jointly and severally liable for the $18,411.14
in damages arising from the breach of contract and (b) as necessary following its reconsideration
of how the $5,000.00 in attorney’s fees should be allocated between appellant and Adria Simcoe.

It is ORDERED that costs of appeal are assessed against the party that incurred them. See
TEX. R. APP. P. 43.4.

SIGNED July 29, 2015.

_____________________________
Sandee Bryan Marion, Chief Justice