law-unliquidated damages | default judgment |



08-0095
FINLEY OIL WELL SERVICE, INC. v. RETAMCO OPERATING, INC.; from Bexar County; 4th district
(
04-06-00346-CV, 248 SW3d 314, 10-17-07, pet. denied Jun 2008) (sanctions, standing, unliquidated
damages)

07-0961
PARADIGM OIL, INC., PACIFIC OPERATORS, INC., AND PACIFIC OPERATORS OF TEXAS, INC. v.
RETAMCO OPERATING, INC.; from Bexar County; 4th district (04-06-00108-CV, 242 SW3d 67, 08-29-07,
pet. denied April 2008)(limitations) (unliquidated damages, proof of damages)
This is an appeal of the trial court's judgment rendered after this court remanded for a new hearing on
unliquidated damages. See Paradigm Oil, Inc. v. Retamco Operating, Inc., 161 S.W.3d 531 (Tex. App.-San
Antonio 2004, pet. denied). The trial court's judgment awards Retamco Operating, Inc. actual damages of
$5,656,409 and attorney's fees of over $700,000, jointly and severally against Paradigm Oil, Inc., Pacific
Operators, Inc., and Pacific Operators of Texas, Inc., and awards exemplary damages of $10,000,000 against
each of the defendants. Because the record contains legally insufficient evidence to support the award of
actual damages, we again reverse the judgment and remand the cause to the trial court for a new trial on
damages.
Because we hold there is insufficient evidence to support an award of actual damages, we must also reverse
the awards of exemplary damages and attorney's fees. See Mustang Pipeline Co. v. Driver Pipeline Co., 134
S.W.3d 195, 201 (Tex. 2004) (per curiam) (holding that to recover attorney's fees in breach of contract action,
claimant must recover actual damages); Twin City Fire Ins. Co. v. Davis, 904 S.W.2d 663, 665 (Tex. 1995)
(holding punitive damages are not recoverable unless actual damages sustained from a tort are proven).