Court of Civil Appeals of Texas, 2019

Ben Melton v. CU Members Mortgage, a Division of Colonial Savings F. A. And First Western Title Co.

Ben Melton v. CU Members Mortgage, a Division of Colonial Savings F. A. And First Western Title Co.
Court of Civil Appeals of Texas · Decided July 31, 2019

Ben Melton v. CU Members Mortgage, a Division of Colonial Savings F. A. And First Western Title Co.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 31, 2019

NO. 03-18-00363-CV

Ben Melton, Appellant v. CU Members Mortgage, a Division of Colonial Savings F. A.; and First Western Title Co., Appellees

APPEAL FROM THE 340TH DISTRICT COURT OF TOM GREEN COUNTY BEFORE JUSTICES GOODWIN, BAKER, AND TRIANA AFFIRMED IN PART; REVERSED AND REMANDED IN PART – OPINION BY JUSTICE TRIANA

This is an appeal from the judgment signed by the trial court on October 9, 2018. Having reviewed the record and the parties’ arguments, the Court holds that there was reversible error in that portion of the court’s judgment awarding attorney’s fees. Therefore, the Court reverses that portion of the trial court’s judgment and remands the issue of attorney’s fees to the trial court for a new trial. The Court affirms the remainder of the trial court’s judgment. Each party shall pay the costs of appeal incurred by that party, both in this Court and in the court below.

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