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Goodin v. Jolliff

The pleading did not allege that the claim had been presented to Jeff Goodwin and that he had failed to pay it. In addition, there was no evidence of presentment upon which an award of attorneys' fees could be based. Fort Worth Court of Appeals, No. 2-06-327-CV

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OPINION

This case involves a dispute over the ownership of real property and the terms of employment of appellants Jeff and Philip Goodin by appellee H.V.G.C., Inc., which is owned by appellee Marsha A. Jolliff. In five issues, the Goodins contend that there is legally and factually insufficient evidence to support the jury’s award of $10,000 to H.V.G.C. for Jeff’s breach of contract; that the $5,000 award of attorney’s fees to H.V.G.C. should be vacated because there is no evidence of presentment; that the trial court should have entered a declaratory judgment in the Goodins’ favor that the Non-Competition Agreements they signed in favor of H.V.G.C. are invalid under the Texas Business and Commerce Code; that the Goodins are entitled to attorney’s fees in connection with a declaratory judgment regarding the Non-Competition agreements; and that the trial court erred by ordering the release of cash deposited in lieu of a bond to Marsha for the benefit of H.V.G.C. and appellee Jimmie Jolliff. We affirm in part and reverse in part.

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