Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Lucas v. Clark

Eonic Creations Inc. and its founder, James Jolly Clark, sued investor C. Michael Lucas, alleging breach of contract and various claims of tortious conduct. When Lucas failed to respond to the appellees' petition, the trial court issued a default judgment in favor of the appellees and awarded unliquidated damages of $75,000 to James Jolly Clark and $9,925,000 to Eonic Creations. Lucas appeals. No evidence other than an overly broad request for admission exists supporting the appellees' claims for unliquidated damages or proving the foreseeability of such damages. No objection was necessary to reach the merits of the issue. The evidence is legally and factually insufficient to support the trial court's damages award. The default judgment is affirmed in part, that portion of the default judgment awarding the appellees unliquidated damages is reversed, and the case is remanded. San Antonio Court of Appeals, No. 03-10-00474-CV, 06-15-2011.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Eonic Creations, Inc. and its founder, James Jolly Clark, (collectively, the “Appellees”) sued investor C. Michael Lucas for breach of contract and various claims of tortious conduct. When Lucas failed to respond to the Appellees’ petition, the trial court issued a default judgment in favor of the Appellees and awarded unliquidated damages of $75,000 to James Jolly Clark and $9,925,000 to Eonic Creations. Lucas appeals, claiming that the absence of a reporter’s record from the default judgment hearing deprived Lucas of the ability to review the trial court’s awards, that the trial court’s unliquidated damages awards are not supported by sufficient evidence, and that the use of requests for admissions embedded within a petition to support the no-answer default judgment awards of unliquidated damages was “inappropriate” and undermined Texas Rule of Civil Procedure 243. We affirm the issuance of the default judgment, reverse that portion of the default judgment awarding unliquidated damages, and remand the case to the trial court for further proceedings consistent with this opinion.*fn1

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›
Seattle, WA Litigation Counsel

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›
Civil Litigation Attorney - New York

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Go to Lawjobs

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Federal Legal News
Special Coverage
Surveys & Rankings
National Law Journal