Thomas M. WELLS, as Trustee of the David F. Bolger Revocable Trust, Plaintiff-Appellee, v. J-M MANUFACTURING COMPANY, INCORPORATED, Doing Business as JM Eagle, Defendant-Appellant.
No. 15-20543
United States Court of Appeals, Fifth Circuit.
Date Filed: 06/14/2016
Theodore K. Stream, Mario H. Alfaro, Jr., Riverside, CA, Andrea Rodriguez, San Bernardino, CA, Gresham Savage Nolan & Tilden, P.C., Lawrence David Finder, Myall S. Hawkins, Lisa H. Meyerhoff, Baker & McKenzie, L.L.P., Houston, TX, for Plaintiff-Appellee.
David M. Gunn, Chad Flores, Esq., Beck Redden, L.L.P., Houston, TX, for Defendant-Appellant.
Before SMITH, BARKSDALE, and COSTA, Circuit Judges.
PER CURIAM:
This dispute over a commercial lease was tried to a jury after full pleading and discovery. The lessee was found liable for breach of contract. It appeals, raising its objection to the jury charge regarding the question of wear and tear on the premises.
We have reviewed the briefs and applicable portions of the record and have heard the extensive arguments of counsel. Assuming arguendo that the jury-charge issue was properly preserved, the portion of the charge that is complained of, viewed in the context of the whole charge and the trial proceedings, was not error. The parties received a fair trial that judiciously resolved the dispute.
The judgment is AFFIRMED.