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Rancho La Valencia Inc. v. Aquaplex Inc.

This case, which is before the Texas Supreme Court for the second time, concerns a business dispute between Rancho La Valencia Inc. and Aquaplex Inc. Rancho complains that the court of appeals should have remanded the case to the trial court for a new trial on both liability and damages. The court did not expressly state that, if the court of appeals concluded a remand to the trial court for a new trial was warranted, it must remand for a new trial on both liability and damages, but Texas Rule of Appellate Procedure 44.1(b) requires this result. The court of appeals' judgment is reversed and remanded to the trial court. Texas Supreme Court, No. 12-0038, 10-26-2012.

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This case is before us a second time. It concerns a business dispute between Rancho La Valencia, Inc. and Aquaplex, Inc.*fn1

In the earlier appeal, we held that the evidence of fraudulent intent by Rancho in connection with the execution of a memorandum of settlement agreement (MSA) was legally sufficient. 297 S.W.3d 768, 775 (Rancho I). We next analyzed the court of appeals’ treatment of damages for fraudulent inducement of the MSA, and held that “some evidence supported an award of damages for fraud under the MSA, just not at the level awarded by the trial court.” Id. at 777. We remanded the case to the court of appeals to “determine whether to remand for a new trial on damages, or whether to suggest a remittitur,” id. (citations omitted), and to consider other issues.

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