sustained both of Boyer’s issues, we reverse the trial court’s judgment and remand this cause for further proceedings. 1 . Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex.1999); see Tex.R. Civ. P. 166a(b), (c). 2 . Ryland Group, Inc. v. Hood, 924 S.W.2d 120, 121 (Tex.1996). 3 . IHS Cedars Treat x.App.-Fort Worth 2005, no pet.). 16 . Id. 17 . See Tex. Loc. Gov't Code Ann. § 271.153(a)(1), (b)(1). 18 . See Tooke, 197 S.W.3d at 346 (stating that lost profits are consequential damages). 19 . See Cont’l Holdings, Ltd. v. Leahy, 132 S.W.3d 471, 475 (Tex.App.-Eastland 2003, no pet.) (noting that lost profits may be direct damages or consequential damages). 20 . See Tooke, 197 S.W.3d at 346; Olympic Waste Servs. v. City of Grand Saline, 204 S.W.3d 496, 500 (Tex.App.-Tyler 2006, no pet.) (<HOLDING>). 21 . See Tooke, 197 S.W.3d at 345-46. 22 .
holding past profits coupled with other facts and circumstances may establish lost profits holding that consequential damages are not to be considered holding that the plaintiffs attempted to recover lost profits which under the facts of the case were consequential damages holding that lost profits were covered where the insureds product a motor used in a treadmill was defective and caused lost profits on the sale of the treadmills holding that an unestablished business may recover lost prospective profits