law-due-diligence defined


The term “due diligence” means “[t]he diligence reasonably expected from, and ordinarily exercised by, a
person who seeks to satisfy a legal requirement or to discharge an obligation.” Black’s Law Dictionary 468
(7th ed.). Whether a party has exercised “due diligence” is a question of fact. Wheeler v. Methodist Hosp.,
95 S.W.3d 628, 637 (Tex. App.—Houston [1st Dist.] 2002, no pet.).
MasTec North America, Inc. v. El Paso Field Services, LP (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)
(Higley) (breach of contract,
JNOV reversed, entry of judgment on jury verdict ordered)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Higley   
Before Justices Jennings, Keyes and Higley  
01-07-00319-CV   MasTec North America, Inc. and Mastec, Inc. v. El Paso Field Services, L.P. and
Gulfterra South Texas, L.P. f/n/a El Paso South Texas, L.P.   Appeal from
334th District Court of Harris
County
OPINION DISSENTING TO THE COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings