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New York Party Shuttle LLC v. Bilello

The appellant challenges a judgment finding that it had breached a settlement agreement. To prove a mutual mistake, the evidence must show that both parties were acting under the same misunderstanding of the same material fact. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-11-01034-CV, 02-21-2013.

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OPINION

Appellant New York Party Shuttle, LLC (NYPS) appeals a judgment entered against it in favor of appellee John Bilello. Bilello sued NYPS for breaching their October 2006 settlement agreement. After a bench trial, the trial court found that NYPS breached the settlement agreement and awarded Bilello $39,900.04, plus prejudgment interest. In four points of error, NYPS contends that the judgment should be reversed because (1) it conclusively established the affirmative defenses of mutual mistake, novation, and repudiation, and (2) the trial court erred in denying NYPS’s motion for a continuance. Bilello raises one cross-point in which he contends the trial court erred in denying his request for attorney’s fees. Finding no reversible error, we affirm.

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