· 3/15/2001
Buccaneer Homes of Alabama, Inc. v. Pelis
Citations
- 43 S.W.3d 586
- 2001 Tex. App. LEXIS 1732
- 2001 WL 253600
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that although plaintiffs sued the manufacturer and retailer of a defective mobile home, they “incurred only a single financial injury—a defective mobile home”
- reversing judgment and rendering take-nothing judgment based on “one satisfaction rule” rather than dismissing case as moot
- reversing and rendering judgment for mobile home manufacturer based on plaintiff’s settlement with mobile home seller in suit alleging defects in mobile home
- applying one-satisfaction rule, reversing and rendering judgment in nonsettling defendant’s favor, and holding that because the one-satisfaction rule prevented the plaintiff’s recovery against the nonsettling defendant on the liability theory, attorney fee award also could not stand
- “If there is only one injury, even if it is based on several overlapping and varied theories of liability, a plaintiff will be permitted only one recovery.”
- consumer sued retailer and manufacturer, settling with retailer pretrial, and jury found that manufacturer breached warranty; because damages “were paid in full under the pre-trial settlement agreement with the retailer,” consumer could not recover attorney’s fees from manufacturer
Source: CourtListener parenthetical corpus (CC0).
Judges: Schneider, Taft, Brister
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.