April 12, 2012

JUDGMENT The Fourteenth Court of Appeals GUS H. COMISKEY, III, A/K/A TREY COMISKEY, AND TC3, INC., Appellants NO. 14-10-01001-CV V. FH PARTNERS, LLC, Appellee ____________________

This cause, an appeal from the judgment in favor of appellee, FH Partners, LLC, signed July 12, 2010, was heard on the transcript of the record. We have inspected the record and find the trial court erred in granting a directed verdict on appellants’, Gus H.

Comiskey, III, a/k/a Trey Comiskey, and TC3, Inc.’s, waiver claims. The trial court also erred in awarding attorney’s fees. We therefore order that the portions of the judgment concerning waiver and attorney’s fees are REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order each party to pay their own costs incurred in this appeal. We further order this decision certified below for observance.