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Cooper v. Lyon Financial Services, Inc.

For a property owner to testify about the value of his property, the testimony must show that it refers to the market value of property; thus, when the owner's testimony affirmatively shows the owner is referring to personal, rather than market, value, the testimony constitutes no evidence of market value.

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AFFIRMED AND OPINION FILED NOVEMBER 15, 2001.

OPINION

Appellee, Lyon Financial Services (“Lyon”), d/b/a Secured Funding Source, sued appellants, Bruce T. Cooper a/k/a Dr. Bruce Cooper, Bruce Cooper, and B.T. Cooper individually and d/b/a Willow Brook Surgery Center and Willowbrook Surgery Center (“Cooper”) for breach of contract resulting from Cooper’s nonpayment of money due under a lease agreement. Cooper counterclaimed against Lyon and sued appellee Luxar Corporation d/b/a ESC Medical Systems (“Luxar”), alleging misrepresentations on the part of Luxar’s sales representative.*fn1 The jury found in favor of Lyon on its claim and awarded Lyon $27,500 in damages and $6,875 in attorney’s fees. The jury found Lyon and Luxar engaged in knowing violations of the Texas Deceptive Trade Practices Act (“DTPA”), awarded Cooper zero damages, but awarded Cooper $20,000 in attorney’s fees. The trial court rendered judgment on the verdict in favor of Lyon and Luxar but denied Cooper attorney’s fees pursuant to a post-verdict motion by Luxar. We affirm.

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