SEARCH

Hazlewood v. Lafavers

A water well driller appeals an adverse judgment. One who prevents or makes impossible the performance of a condition precedent upon which his liability under a contract is made to depend cannot avail himself of its nonperformance. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-11-00012-CV, 12-12-2012.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Travis Hazlewood ("Hazlewood" or "Appellant") appeals the judgment of the trial court following a bench trial in which the trial court entered a take-nothing judgment against Hazlewood and awarded damages and attorney’s fees to William Lafavers ("Lafavers" or "Appellee") against Hazlewood and third-party defendant, Sealy Four Company d/b/a Sweetwater Well Service ("Sealy").*fn1 Hazlewood brings five issues: (1) error in the trial court’s entering of judgment for Lafavers because Lafavers’ exclusion of Hazlewood from the well site prevented Hazlewood from either completing or plugging the well; (2) the great weight and preponderance of the evidence required the trial court to find that any damages suffered by Lafavers were caused by Lafavers’ exclusion of Hazlewood from the well site; (3) legal and factual insufficiency of the evidence that Hazlewood caused injury to Lafavers; (4) the trial court’s findings that Hazlewood suffered no damages as a result of Lafavers’ conduct and that Hazlewood is not entitled to recover damages from Lafavers is against the great weight and preponderance of the evidence; and (5) error in awarding attorney’s fees to Lafavers. Hazlewood also challenges thirty-three (33) of the trial court’s findings of fact.*fn2

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

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

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Texas Legal Awards 2025

September 25, 2025
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

President and Dean

Search for the President and Dean California Western School of Law San Diego, California California Western School of Law (California ...

Apply Now ›

Capital Markets Junior Associate (Flex Location/Hybrid Schedule)

Duane Morris LLP has an opening for an associate with 2-3 years of experience with strong capital markets and corporate transactional backgr...

Apply Now ›

(EXCLUSIVE) SENIOR BAD FAITH TRIAL COUNSEL WANTED FOR LEADING PROVIDER OF PROFESSIONAL LIABILITY INSURANCE (Atlanta, GA or Florida)

Our client, an established provider of professional liability insurance, has engaged us to identify a highly-qualified Senior Bad Faith Tria...

Apply Now ›