American International Industries, Inc v. Phillip Scott, Surgicare, Inc., and Keith G. Leblanc

Appellant, American International Industries, Inc. (“AII”), appeals the trial court’s summary judgment in favor of appellees, Phillip Scott, Surgicare, Inc., and Keith G. LeBlanc (collectively, “Surgicare”). In four issues, AII argues that the trial court erred in (1) granting Surgicare’s traditional motion for summary judgment on its res judicata defense and on AII’s claims for breach of contract, declaratory relief, and suit to remove a cloud on the title to real property; (2) granting Surgicare’s no-evidence motion for summary judgment, to the extent that it did so, because (a) Surgicare failed to specify the elements of AII’s claims for which Surgicare asserted there was no evidence, (b) Surgicare bore the burden of proof on its res judicata defense, and (c) AII’s declaratory judgment and breach of contract claims raised purely legal issues; (3) awarding attorney’s fees to Surgicare, because (a) the trial court improperly granted summary judgment and (b) Surgicare’s counsel failed to properly segregate recoverable fees; and (4) striking the affidavits of AII’s corporate representative and attorney.

We affirm.