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First Nat. Bank of Beeville v. Fojtik
Citations: 775 S.W.2d 632; 1989 WL 69796Docket: C-7833
Court: Texas Supreme Court; September 13, 1989; Texas; State Supreme Court
Felix and Cecelia Fojtik sued First National Bank of Beeville and its directors, Jack Chesnut and Bevans Welder, on multiple grounds including breach of contract, conversion, tortious interference, fraud, conspiracy, and violations of the Texas Deceptive Trade Practices Act (DTPA). The jury found in favor of the Fojtiks on breach of contract, DTPA violations, and fraud, but did not award any damages, resulting in a zero damage finding. The court of appeals reversed the trial court's decision and remanded the case for a new trial due to concerns over the jury's conflicting findings regarding liability and damages. The Fojtiks had filed a motion for judgment expressing disagreement with the jury's findings while requesting a specific form of judgment, which the Supreme Court of Texas acknowledged as a valid procedural mechanism. The court rejected the appellate court's stance that the Fojtiks could not contest the jury's zero damage findings. The application for writ of error was denied, confirming the need for a new trial.