When construing a restrictive covenant, our primary duty is to ascertain the parties’ intent. Lakeside Vill. Homeowners Ass’n, Inc. v. Belanger, 545 S.W.3d 15, 30 (Tex. App.—El Paso 2017, pet. denied).
When construing a restrictive covenant, our primary duty is to ascertain the parties' intent. Lakeside Vill. Homeowners Ass'n, Inc. v. Belanger, 545 S.W.3d 15, 30 (Tex. App.-El Paso 2017, pet. denied).
According to Garcia, he lost use of property from July 2018 to the present due to appellants' wrongful possession.See Lakeside Vill. Homeowners Ass'n v. Belanger, 545 S.W.3d 15, 43 (Tex. App.-El Paso 2017, pet. denied) ("The usual measure of damages for loss of use of injured property is the reasonable cost of renting a replacement, although the plaintiff need not actually rent a substitute or show any amounts actually expended during the period of loss in order to recovery.").
Nevertheless, because we have no difficulty identifying the few pleadings and orders that control this appeal, and in the interest of justice, we will consider the claims on their merits. SeeLakeside Village Homeowners Ass'n, Inc. v. Belanger , 545 S.W.3d 15, 44 (Tex.App.--El Paso 2017, pet. denied) (addressing an appellate claim in the interest of justice despite the party's inadequate brief that lacked appropriate record citations).
"[T]o recover damages for the costs of repairs to property, a plaintiff must show that the cost of repairs was reasonable and necessary." Lakeside Vill. Homeowners Ass'n, Inc. v. Belanger, 545 S.W.3d 15, 42 (Tex. App.-El Paso 2017, pet. denied).
"[T]o recover damages for the costs of repairs to property, a plaintiff must show that the cost of repairs was reasonable and necessary." Lakeside Vill. Homeowners Ass'n, Inc. v. Belanger, 545 S.W.3d 15, 42 (Tex. App.-El Paso 2017, pet. denied).
Under the cumulative error doctrine, when several errors exist but are not considered reversible, all errors considered together could present harmful error requiring reversal. Lakeside Vill. Homeowners Ass'n, Inc. v. Belanger, 545 S.W.3d 15, 46-47 (Tex. App.—El Paso 2017, pet. denied); In re E.R.C., 496 S.W.3d 270, 281 (Tex. App.—Texarkana 2016, pet. denied); Brown v. Hopkins, 921 S.W.2d 306, 319 (Tex. App.—Corpus Christi-Edinburg 1996, no pet.); Klein v. Sporting Goods, Inc., 772 S.W.2d 173, 179 (Tex. App.—Houston [14th Dist.] 1989, writ denied). To determine if a cumulation of errors denied the appellant its right to a fair trial and due process of law, we consider all errors in the case and the record as a whole to determine if the errors collectively were calculated to cause and probably did cause the rendition of an improper judgment.
Under the cumulative error doctrine, multiple errors, even if considered harmless when taken separately, may result in reversal and remand for a new trial if the cumulative effect of such errors is harmful. Lakeside Vill. Homeowners Ass'n, Inc. v. Belanger, 545 S.W.3d 15, 46-47 (Tex. App.—El Paso 2017, pet. denied); Brown v. Hopkins, 921 S.W.2d 306, 319 (Tex. App.-Corpus Christi-Edinburg 1996, no writ). To show cumulative error, an appellant must show that, based on the record as a whole, but for the alleged errors, the jury would have rendered a verdict favorable to it.
LakesideVill. Homeowners Ass'n, Inc. v. Belanger, 545 S.W.3d 15, 30 (Tex. App.—El Paso 2017, pet. denied). "We focus on the parties' objective, rather than subjective intent, as that intent is reflected in the written contract."
It is not necessary that profits should be susceptible of exact calculation, it is sufficient that there be data from which they may be ascertained with a reasonable degree of certainty and exactness.”See Lakeside Village Homeowners Association, Inc. v. Belanger, 545 S.W.3d 15 (Tex. App. El Paso 2017), rev. denied, (Sept. 8, 2017). The Court applies Texas law to Pizza Inn's breach-of-contract claim.