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In Re: Henry v. Masson

Mark Henry in this petition for writ of mandamus contends that the trial court erroneously severed his claim for a $150,000 credit for his interest in real property from Marcos Masson's jury award for breach of the settlement agreement. Because the trial court's severance order created a final judgment, direct appeal is the proper procedural mechanism for challenging this severance order. Given the court of appeals' previous opinion in this case, the trial court erred in granting the motion to sever. The trial court's severance order is vacated and judgment is rendered. Houston's 1st Court of Appeals, No. 01-11-00840-CV, 05-03-2012.

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OPINION

This case concerns breaches of a settlement agreement that attempted to resolve the differences between appellant, Mark Henry, and appellee, Marcos Masson. A jury found that both parties materially breached the Settlement Agreement, but it awarded damages only to Masson. In a previous opinion in this case, we affirmed the verdict in favor of Masson and reversed the trial court’s ruling that Henry take nothing on his claim of breach. We remanded in part for further proceedings in accordance with our opinion. See Henry v. Masson, 333 S.W.3d 825, 850 (Tex. App.-Houston [1st Dist.] 2010, no pet.).

 
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