Khorshid, Inc. v. Christian

• Decision Date: 14 April 2008
• Docket Number: No. 05-07-00188-CV.,05-07-00188-CV.
• Citation: 257 S.W.3d 748
• Parties: KHORSHID, INC., d/b/a Taxi Dallas, and Nasser Mansourian, Appellants, v. Uche CHRISTIAN, Appellee.
• Court: Texas Court of Appeals

257 S.W.3d 748 KHORSHID, INC., d/b/a Taxi Dallas, and Nasser Mansourian, Appellants,
v.
Uche CHRISTIAN, Appellee. No. 05-07-00188-CV. Court of Appeals of Texas, Dallas. April 14, 2008. Supplemental Opinion May 16, 2008. Rehearing Overruled July 17, 2008.

[257 S.W.3d 754]

Gregory L. Koss, Dallas, for Appellants.

Vincent Chuks Ndukwe, Law Office of MNC Vincent & Associates, Dallas, for Appellee.

Before Justices O'NEILL, RICHTER, and LANG.

OPINION

Opinion by Justice LANG.

This case involves the alleged conversion of an automobile belonging to appellee Uche Christian.¹ Uche brought this action against five defendants (the "defendants"): Khorshid, Inc., d/b/a Taxi Dallas ("Taxi Dallas"); Darya Inc., d/b/a Executive Taxi ("Executive Taxi"); Zyba, Inc., d/b/a Golden

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Cab ("Golden Cab"); and individuals Barry Sangani and Nasser Mansourian, co-owners of Taxi Dallas, Executive Taxi, and Golden Cab. Based on the jury's answers to the questions in the jury charge, the trial court entered judgment awarding Uche $2912 in compensatory damages, $200,000 in exemplary damages, and $10,000 in attorney's fees.

Taxi Dallas and Mansourian ("appellants") present fourteen issues on appeal, which we summarize below. Appellants argue the evidence is legally insufficient to support the jury's findings that: (1) $3000 would reasonably compensate Uche for the conversion of his automobile; (2) Taxi Dallas is entitled to an offset in the amount of $88 for delinquent stand fees, rather than the amount of $484 asserted by appellants; (3) appellants engaged in a false, misleading, or deceptive act or practice that Uche relied upon to his detriment and that was a producing cause of damages to Uche; (4) the harm to Uche resulted from malice by appellants; and (5) the conduct of Taxi Dallas warranted $200,000 in exemplary damages. Further, appellants assert factual insufficiency as to each of the above-described jury findings, and as to the jury's findings that appellants did not make a qualified refusal to return Uche's vehicle and appellants were not entitled to an offset for repair work on Uche's vehicle. Finally, appellants assert the trial court erred in awarding attorney's fees to Uche and in awarding damages against Executive Taxi.

Based on the analysis and conclusions below, we reverse and render with respect to the offset to Taxi Dallas for delinquent stand fees, suggest a remittitur as to the award of exemplary damages, and modify the trial court's judgment with respect to the parties named therein to reflect the judgment as rendered. The trial court's judgment is otherwise affirmed.

I. FACTUAL AND PROCEDURAL BACKGROUND

At the time of trial, Uche asserted claims for conversion, illegal exercise of a mechanic's lien, trespass to chattels, conspiracy, unjust enrichment, intentional infliction of emotional distress, violation of the Deceptive Trade Practices Act, and claims for exemplary damages and attorney's fees. Defendants pleaded a general denial and asserted setoff, stating in relevant part, "Defendant Darya, Inc. alleges that it is entitled to a setoff for the amount owed to it by plaintiff for taxicab stand fees and for repair preformed [sic] on plaintiff's vehicle minus any amounts received by defendant for the sale of plaintiff's vehicle."

Uche testified at trial that during 2001, he worked as a taxicab driver for Taxi Dallas and used his own automobile for his work. According to Uche, defendants performed repair work on his automobile in May 2001. In July 2001, he initialed an invoice stating he owed defendants $300 for that repair work. This invoice stated in part, "An express mechanic's lien is hereby acknowledged on above car, truck, or vehicle to secure the amount of the repairs thereto." Later in July 2001, according to Uche, he paid defendants $300 in cash for the repair work referenced in the invoice.

Uche stated that in early December 2001, he asked defendants for a statement of any amounts he owed to them. Defendants told him he owed $582 in "stand fees." Uche made a payment of $494 to defendants and was given a receipt, dated December 3, 2001, showing a balance of $88 owed by him to defendants.

On December 31, 2001, Uche ceased working for defendants. Uche testified that on January 27, 2002, defendants took possession of his automobile, without his

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consent, from the parking lot of his apartment complex. Uche contacted police, and the automobile was returned to him without any payment by him to defendants. According to Uche, on March 7, 2002, defendants again took possession of his automobile without his consent. He says he went to defendants' place of business "sometime in April 2002" and demanded the return of his automobile. However, Uche stated Mansourian told him the automobile had been sold. Then, according to Uche, Mansourian, in Uche's presence, altered the invoice initialed by Uche in July 2001 to state that Uche owed $1335 to defendants.

Uche testified that at the time his automobile was "repossessed," it was worth $6250. Further, he testified that personal items in the automobile at the time it was taken were worth $2500. Mansourian testified that in his opinion, based on his ten years of experience in the taxicab business, Uche's automobile was worth less than $1000.

Following the presentation of Uche's evidence, defendants moved for a directed verdict in favor of Sangani, Executive Taxi, and Golden Cab on the ground that there was "no testimony showing any kind of liability" with respect to those defendants. The trial court granted defendants' motion for directed verdict in favor of Sangani, Executive Taxi, and Golden Cab. Defendants also moved for and were granted a directed verdict that "no competent evidence" had been presented as to the value of personal items inside Uche's automobile at the time it was taken.

The jury found: (1) Executive Taxi performed compensable work on Uche's vehicle, but was not paid in full for that work; (2) Taxi Dallas and Mansourian converted Uche's vehicle on January 27, 2002 and on March 7, 2002; (3) neither Taxi Dallas nor Mansourian made a qualified refusal to return Uche's vehicle with respect to the January 27, 2002 conversion or the March 7, 2002 conversion; (4) no compensation was warranted to Uche for the first conversion of his vehicle on January 27, 2002; (5) $3000 would fairly and reasonably compensate Uche for the second conversion of his vehicle on March 7, 2002; (6) Taxi Dallas was entitled to an offset of $88 for delinquent stand fees; (9) neither Taxi Dallas nor Mansourian was entitled to an offset for repair work on Uche's vehicle; (10) Taxi Dallas and Mansourian engaged in false, misleading, or deceptive acts or practices that Uche relied upon to his detriment and that were a producing cause of damages to Uche; (11) clear and convincing evidence showed the harm to Uche resulted from malice by Taxi Dallas and Mansourian; (12) $200,000 in exemplary damages were assessed against Taxi Dallas; and (12) $10,000 was a reasonable fee for the necessary services of Uche's attorney in this case.

After reading the verdict aloud on the record, in the presence of the jury, the trial judge stated:

Well, the case will be placed on the 30-day disposition docket. I'll need a judgment consistent with the verdict. I need it provided to opposing counsel so he can sign off "agreed as to form only." And then I need that presented. If the case is not — if the final paperwork is not presented and signed within 30 days, the case will be subject to dismissal for want of prosecution.

Approximately two weeks after the trial, a "Motion to Disregard Jury Findings" was filed by Executive Taxi and Mansourian. The record is silent as to the disposition of that motion. The trial court's judgment was signed by a visiting judge on November 10, 2006. The judgment stated in relevant part that the jury had found Mansourian and Executive Taxi liable for

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conversion of Uche's vehicle, and ordered that "Plaintiff UCHE CHRISTIAN recover from defendants NASSER MANSOURIAN and DARYA INC., d/b/a EXECUTIVE TAXI, the sum of $12,912.00, and an additional sum of $200,000.00 from DARYA INC., d/b/a EXECUTIVE TAXI." (emphasis original).

Thirty days after the date of the judgment, Executive Taxi and Mansourian filed a motion for remittitur with respect to the award of exemplary damages and a motion for new trial. The record does not reflect rulings on those motions. A notice of appeal was timely filed by Mansourian and Taxi Dallas.

II. MODIFICATION OF TRIAL COURT'S JUDGMENT WITH RESPECT TO PARTIES NAMED

In order to assure we accurately identify the judgment defendants, we begin with appellants' fourteenth issue, in which they assert, "The judgment is in error recovering anything against defendant Darya, Inc [sic] d/b/a Executive Taxi." Appellants argue Executive Taxi was granted a directed verdict in its favor. Further, appellants assert, "None of the questions in the Court's charge referenced [Executive Taxi] and no damages were awarded appelle [sic] with respect to [Executive Taxi]." Initially, Uche asserts the judgment against Executive Taxi should be allowed to stand or, in the alternative, be reformed and modified by this Court. However, in his brief before this Court, Uche also presents a paragraph titled "Motion to Reform and Substitution of Correct Name," in which he requests this Court "to reform the judgment" by substituting Khorshid, Inc., d/b/a Taxi Dallas for Darya, Inc., d/b/a Executive Taxi "in accordance with Jury verdict [sic] and judgment of the lower court."

Judicial errors committed in the rendition of judgment must be corrected by appeal, writ of error, or bill of review. Comet Aluminum Co. v. Dibrell, 450 S.W.2d 56, 58 (Tex.1970). "On the other hand, when the record reflects a clerical variance between a judgment announced in open court and the judgment eventually signed by the trial judge, the appellate court can modify the...