Great American Lloyds Insurance Company and Mid-Continent Casualty Company v. Vines-Herrin Custom Homes L.L.C., Herrin-Custom Homes, Inc. and Emil G. Cerullo
ACCEPTED
05-15-00230-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
2/27/2015 8:11:54 AM
LISA MATZ
CLERK
5th Court of Appeals
FILED: 02-27-15
Lisa Matz, Clerk
DIANA L. FAUST 214-712-9538
Board Certified – Civil Appellate Law diana.faust@cooperscully.com
Texas Board of Legal Specialization
February 27, 2015
Ms. Lisa J. Matz, Clerk VIA EFILE
Fifth District Court of Appeals
George L. Allen, Sr. Courts Building
600 Commerce Street, Suite 200
Dallas, Texas 75202
Re: No. 05-15-00230-CV; Great American Lloyds Insurance Company, and Mid-
Continent Casualty Company, Appellants v. Vines-Herrin Custom Homes, L.L.C.,
et al., Appellees, In the Fifth District Court of Appeals, Dallas, Texas, On Appeal
from the 44th District Court, Dallas County, Texas, Cause No. DC-03-6903
Our File No.: 596/16147
Dear Ms. Matz:
Pursuant to this Court’s instructions, attached is a copy of the Amended Final Judgment
signed by the Hon. Carlos Cortez on November 26, 2014, in Cause No. 03-6903, Vines-Herrin
Custom Homes, L.L.C., et al., Plaintiffs v. Great American Lloyds Insurance Company, et al.,
Defendants, in the 44th District Court, Dallas County, Texas. The Judgment was appealed on
February 16, 2015, and efiled with this Court on February 26, 2015.
Thank you for your cooperation in this matter. If you have any questions, or if you need
any additional information, please feel free to give me a call.
Sincerely,
By: /s/Diana L. Faust
Diana L. Faust
DLF/lmw
Enclosure
cc: Mr. Geoffrey S. Harper VIA EFILE
harper@fr.com
Mr. Taj J. Clayton
clayton@fr.com
Fish & Richardson, P.C.
1717 Main Street, Suite 5000
Dallas, Texas 75201
Counsel for Appellees
Founders Square 900 Jackson Street, Suite 100 Dallas, TX 75202
Telephone (214) 712-9500 Fax (214) 712-9540
www.cooperscully.com
Houston Office (713) 236-6800 San Francisco Office (415) 956-9700 Sherman Office (903) 813-3900
D/922380v1
41,30ck
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CAUSE NO. DC-03-6903
VINES-HERRIN CUSTOM HOMES, LLC, IN THE DISTRICT COURT OF
and HERRIN CUSTOM HOMES, INC.,
Plaintiffs,
and
EMIL G. CERULLO
Intervenor,
DALLAS COUNTY, TEXAS
v.
GREAT AMERICAN LLOYDS
INSURANCE COMPANY AND MID-
CONTINENT CASUALTY COMPANY,
Defendants. 44th JUDICIAL DISTRICT
IMMINIMINISOMMIIIIIMMENIMIIIIPAMENDED FINAL JUDGMENT
A bench trial on the above-captioned matter was conducted on May 14-16, 2008 before
the 44th Judicial District Court of Dallas County, Texas. The Court heard testimony from
witnesses, and received and admitted exhibits into evidence. After evaluating the credibility of
the witnesses and weighing the evidence presented by the parties, Vines-Herrin Custom Homes,
LLC and Herrin Custom Homes, Inc. (collectively "Vines-Herrin" or "Plaintiffs") and Emil G.
Cerullo ("Mr. Cerullo" or "Intervenor"), and Great American Lloyds Insurance Company and
Mid-Continent Casualty Company (collectively "the Insurance Companies"), the Court enters
the following findings of fact and conclusions of law:
First, the Court finds that the Insurance Companies breached their duty to defend Vines-
Herrin against Mr. Cerullo's claims. IT IS THEREFORE ORDERED by the Court that
Plaintiffs/Intervenor have and recover damages against the Insurance Companies, jointly and
PLAINTIFFS'/INTERVENOR'S PROPOSED AMENDED FINAL JUDGMENT - PAGE 1
severally, in the amount of TWENTY-SEVEN THOUSAND DOLLARS ($27,000.00). In
addition, Plaintiffs/Intervenor shall have and recover statutory late-payment damages equal to
FORTY-ONE THOUSAND TWO HUNDRED TEN DOLLARS AND TWELVE CENTS
($41,210.12), being 18% per annum from May 30, 2006 until the date of this Order on
November 21, 2014.
Second, the Court finds that the Insurance Companies breached their duty to indemnify
Vines-Herrin for the amount of the arbitration award entered against them as a result of Mr.
Cerullo's claims. IT IS THEREFORE ORDERED by the Court that Plaintiffs/Intervenor have
and recover damages from the Insurance Companies, jointly and severally, in the amount of
TWO-MILLION FOUR-HUNDRED EIGHTY-SEVEN THOUSAND FIVE-HUNDRED
SEVEN DOLLARS AND SEVENTY-SEVEN CENTS ($2,487,507.77), plus interest in the
amount of ONE MILLION FIFTY-FOUR THOUSAND SIX HUNDREND THIRTY-FOUR
DOLLARS AND THIRTY-SIX CENTS ($1,054,634.36) accrued from May 30, 2006 to the date
of this Order on November 21, 2014.
Third, the Court finds that Plaintiffs/Intervenor were successful in prosecuting their
breach of contract claim against the Insurance Companies and are therefore entitled to recover
the reasonable and necessary attorneys fees incurred in prosecuting their breach of contract
claim. IT IS THEREFORE ORDERED by the Court that Plaintiffs/Intervenor have and recover
damages from the Insurance Companies, jointly and severally, in the amount of SIX-HUNDRED
FOUR THOUSAND SEVEN-HUNDRED FORTY-THREE DOLLARS AND TWO CENTS
($604,743.02) as reasonable and necessary fees, as well as an additional FOURTEEN
THOUSAND ONE-HUNDRED EIGHTY-SIX DOLLARS AND SEVENTY-SIX CENTS
PLAINTIFFS'/INTERVENOR'S PROPOSED AMENDED FINAL JUDGMENT - PAGE 2
($14,186.76) as reasonable and necessary costs incurred in connection with prosecuting the claim
for breach of contract.
Finally, IT IS ORDERED that the amounts awarded in this judgment shall accrue post-
judgment interest at a rate of 5% per annum until paid in full.
THIS FINAL JUDGMENT DISPOSES OF ALL PARTIES AND CLAIMS IN
THIS MATTER, AND IS APPEALABLE. ALL RELIEF NOT SPECIFICALLY
GRANTED HEREIN IS DENIED.
SIGNED THIS DAY OF NOVEMBER, 2014.
THE HONO' BLE CARLOS CO TE
44th JUDICIAL DISTRICT COUR
DALLAS COUNTY, TEXAS
PLAINTIFFS'/INTERVENOR'S PROPOSED AMENDED FINAL JUDGMENT - PAGE 3