Wagner v. Edlund

Clifford P. Wagner, Jr., brings this appeal from a modified judgment entered in favor of Hans and Jan Edlund. In his first two issues, Wagner challenges the legal and factual sufficiency of the evidence supporting the attorneys fees and damages awarded in the judgment. Wagners third issue claims the trial court erred in denying Wagners motion to modify judgment and alternative motion for new trial . For the reasons stated below, we conclude Wagner failed to conclusively prove his attorneys fees and the evidence is factually insufficient to support the amounts found by the jury. We also conclude the jurys findings on damages are supported by legally and factually sufficient evidence. We therefore affirm the judgment in part and reverse and remand in part.