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Etan Industries, Inc. v. Lehmann

In its first issue, appellant contends that the appellee's tort claims of trespass and negligent misrepresentation concerning the Hwy 77 Property are barred as a matter of law based upon limitations. The court concluded that the accrual date of the tort causes of action was tolled until July 1, 2004, and, therefore, that limitations did not bar those claims. Austin Court of Appeals, No. 03-07-00539-CV, 03-26-2010

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OPINION

This appeal from a judgment following a jury trial arises from a dispute between appellant Etan Industries, Inc. and Etan Industries, Inc., d/b/a CMA Cablevision and/or CMA Communications (“Etan”) over its authority to install, own, and operate fiber optic and coaxial cable lines on land owned by appellees Ronald and Dana Lehmann without the Lehmanns’ permission. The jury found that (i) Etan trespassed and made a negligent misrepresentation concerning one of two properties, (ii) $15,000 would reasonably compensate the Lehmanns for their damages that resulted from Etan’s actions, and (iii) the Lehmanns’ reasonable attorney’s fees through trial were $65,000. The district court entered judgment in accordance with the jury’s findings. In seven issues, Etan challenges the district court’s award of injunctive and declaratory relief, damages, and attorney’s fees, and contends that the Lehmanns’ tort claims of trespass and negligent misrepresentation are barred as a matter of law based upon limitations. For the reasons that follow, we affirm the district court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

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