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Hatfield v. Solomon

In his first issue, appellant asserts that the trial court erred by instructing the jury as a matter of law that a partnership existed between the parties rather than asking the jury to determine whether a partnership existed. Even if the trial court erred in instructing the jury as a matter of law that a partnership existed rather than asking the jury to determine whether a partnership existed, this error did not probably cause the rendition of an improper judgment. Houston?s 14th Court of Appeals, No. 14-08-00487-CV, 03-11-2010

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Affirmed as Modified and Opinion filed March 11, 2010.

OPINION

Appellant Ronald C. Hatfield challenges the trial court’s money judgment against him based on the jury’s breach-of-contract findings in favor of appellee Glenn J. Solomon. In six issues, Hatfield asserts that the trial court erred in several respects in charging the jury, and that the trial court erred in awarding Solomon certain costs in the judgment. We conclude that the trial court did not err as alleged by Hatfield in charging the jury as to one of the breach-of-contract theories upon which the trial court rendered judgment. We conclude that, even if the trial court erred as alleged in charging the jury as to the other theories of recovery, any such error was not harmful. However, we conclude that the trial court erred by awarding Solomon $109,150.22 in costs. We modify the trial court’s judgment to correct this error, and we affirm the trial court’s judgment as modified.

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