Metro Solutions Texas, LLC and Brian Radican v. Craig Smith ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-20-00176-CV
METRO SOLUTIONS TEXAS, LLC AND § On Appeal from the 16th District
BRIAN RADICAN, Appellants Court
§ of Denton County (19-10071-16)
V.
§ December 2, 2021
CRAIG SMITH, Appellee § Memorandum Opinion by Chief Justice
Sudderth
JUDGMENT
This court has considered the record on appeal in this case and holds as
follows:
It is ordered that the January 9, 2020 judgment of the trial court is vacated as
void.
It is ordered that the December 6, 2019 judgment is modified to limit the
DTPA award to $24,639.39. It is further ordered that the portion of the trial court’s
December 6, 2019 judgment awarding attorney’s fees is reversed, and we remand the
case to the trial court for a new trial on attorney’s fees only. We affirm the remainder
of the trial court’s December 6, 2019 judgment as modified including the denial of
Craig Smith’s claims against Brian Radican.
It is further ordered that each party shall pay their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Bonnie Sudderth
Chief Justice Bonnie Sudderth