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Court of Appeals Affirms Summary Judgment Ordering Specific Performance to Real Estate Purchaser and Reverses the Order Prohibiting the Purchaser from also Seeking Damages

In a case involving cross-appeals arising from competing motions for summary judgment in a suit over a failed real estate transaction, Brett Kutnick successfully represented the purchaser of commercial real estate on appeal from a judgment that awarded the purchaser specific performance, but precluded the purchaser from recovering damages in addition to specific performance.  After Brett Kutnick presented oral argument, the Court of Appeals for the Second District of Texas in Fort Worth affirmed the trial court’s order granting specific performance.  In addition, the court sustained the purchaser’s cross-appeal, reversed that portion of the judgment barring the purchaser from recovering damages attributable to the seller’s delay in performing the sales contract, and remanded the case to the trial court for further proceedings as to those damages. Paciwest, Inc. v. Warner Alan Properties, LLC, 266 S.W.3d 559 (Tex. App.—Fort Worth 2008, pet. denied).