The appellants, in this business dispute regarding the developments of resorts in Mexico, argue there is no evidence of causation to support the jury's damage awards and no evidence showing the existence and amounts of lost profits with reasonable certainty. If no evidence is presented to prove lost profits with reasonable certainty, the trial court must render a take-nothing judgment as to lost-profits damages. Because of the uncertain and changing market conditions in which the appellees proposed to develop the hotel project, the lost profits they seek to recover were speculative and not reasonable certain. On rehearing, the court of appeals vacates its past judgment and enters judgement reversing and remanding the trial court's judgment. Dallas Court of Appeals, No. 05-11-00769-CV, 10-16-2013.
Barton v. Resort Development Latin America, Inc.
Tex. App. Dist. 5
October 16, 2013