A.V.I. v. Kenneth and Claudia Heathington

Appellant, A.V.I., Inc. (AVI), appeals from a judgment finding it had engaged in deceptive acts or practices in its dealings with appellees, Kenneth and Claudia Heathington (the Heathingtons), and ordering it to pay the Heathingtons $31,470.55 in damages, attorneys fees and prejudgment interest. In four points of error, AVI contends the trial court erred by (1) submitting and rendering judgment upon Question 5b because the question submitted an improper measure of damages; (2) admitting the irrelevant testimony of two witnesses; (3) rendering judgment for the Heathingtons despite their failure to conclusively prove they had given AVI a required demand letter; and (4) awarding prejudgment interest on attorneys fees. In a single cross point of error, the Heathingtons contend the trial court erred in not granting a new trial on the issue of attorneys fees on appeal. We will overrule AVIs four points of error and sustain the Heathingtons cross point of error.