Citation: JM-RB Properties, LLC v. Harris Ventures, Inc., No. 05-24-00631-CV (Tex. App.—Dallas 2026). Read the full text of the opinion by clicking here.

Facts

A commercial tenant sued its landlord for breach of a lease, alleging failure to maintain the premises. A jury awarded lost profits, attorney’s fees, and expert fees to the tenant.

Issue

Whether the tenant presented legally sufficient evidence of breach and non-speculative lost profits damages.

Rule

Lost profits must be proven with reasonable certainty through objective data. Conclusory expert testimony has no evidentiary value.

Analysis

The court found insufficient evidence of breach under the lease. It also held that the tenant’s expert testimony on lost profits was conclusory and unsupported by reliable data. Therefore, damages were speculative.

Holding

The appellate court reversed the judgment and rendered a take-nothing judgment against the tenant.

Key Quotes

“Lost profits must be proven with reasonable certainty.”

“Conclusory expert testimony is no evidence.”

Takeaway

If damages rely on expert testimony, the methodology must be supported by objective data. Otherwise, the entire claim can fail and result in a take-nothing judgment.