In this dispute concerning alleged breach of a commercial real property lease, the trial court granted Garden Ridge's summary judgment motion, held a jury trial on the issue of Garden Ridge's attorney's fees, and signed a final judgment awarding Garden Ridge $470, 087.53 on its breach of contract claim, $530, 000.00 in attorney's fees, conditional appellate attorneys' fees, and contractual interest at a rate of 18 percent, among other things. Any claims accruing prior to Sept. 10, 2005, are barred by the statute of limitations, including Garden Ridge's claim for a 2004 management fee. To apply the discovery rule exception in this type of case would frustrate the purpose of limitations, given that Garden Ridge had a contractual right to audit and declined to exercise that right for many years despite a new and substantial fee being charged. The trial court's judgment is affirmed in part, and reversed in part and remanded.
Clear Lake Center, L.P. v. Garden Ridge, L.P.
Tex. App. Dist. 14
August 1, 2013