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In Re Mark H. Henry, M.D., Relator v. Marcos v. Masson, M.D., Appellee

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OPINION

This case concerns breaches of a settlement agreement that attempted to resolve the differences between appellant, Mark Henry, and appellee, Marcos Masson. A jury found that both parties materially breached the Settlement Agreement, but it awarded damages only to Masson. In a previous opinion in this case, we affirmed the verdict in favor of Masson and reversed the trial court’s ruling that Henry take nothing on his claim of breach. We remanded in part for further proceedings in accordance with our opinion. See Henry v. Masson, 333 S.W.3d 825, 850 (Tex. App.-Houston [1st Dist.] 2010, no pet.).

On remand, Henry moved to amend the trial court’s judgment to reflect a $150,000 credit, to which we had determined he was entitled. In response, Masson moved to sever Henry’s claim for the credit from Masson’s own $100,000 jury award. The trial court granted Masson’s motion to sever, which finalized the part of the judgment in favor of Masson, and it assigned a new cause number to Henry’s claim. Henry filed both a petition for writ of mandamus and an appeal, contending that the trial court abused its discretion in granting the motion to sever.

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