'House' lawsuit to go to trial

Judge backs position of reality show creator

A lawsuit sparked by a falling-out between the Charleston-based creator of "Flip This House" and the cable network that carried the reality television series will go on.

U.S. District Court Judge C. Weston Houck ruled Wednesday that there's enough evidence to suggest that the two sides made a verbal agreement to equally share profits from the show.

In making the ruling, Houck denied a request by A&E Networks to dismiss the suit brought by Richard C. Davis of James Island-based Trademark Properties.

A&E, which aired the real estate show until last summer, has said it never agreed to share revenue with Davis. He sued A&E last July, alleging that the network took his idea for "Flip This House" and did not pay him and his company their share.

Davis is seeking damages in excess of $1 million.

According to his complaint, Davis created the show in April 2004 and owns the rights equally with A&E under a verbal agreement with a network executive. Despite repeated requests, A&E would not confirm the arrangement in writing, his lawsuit alleged.

Jeremy Feigelson, A&E's attorney, argued Wednesday that if the evi- dence failed to show that the two parties reached an oral agreement to share revenue, Davis has no case. In three days of deposition, Davis was unable to prove that such an arrangement existed, Feigelson said.

"The contract is not enforceable because there are too many missing pieces," he said. "There's no time, date, place — there was no agreement."

Davis's attorney, Frank Cisa of Mount Pleasant, pointed in court to e-mails and other communications between Davis and A&E that made repeated references to the arrangement.

Houck ruled that there was sufficient evidence that an oral agreement was reached.

"I don't believe it needs to be in writing for it to be enforceable," he said.

A&E's attorneys declined to comment after the hearing.

In a statement, the network said it looks "forward to A&E's position being fully vindicated at the end of the day. Today's

ruling was a preliminary procedural step and not a decision on the merits of the case."

The case could go to trial by the end of the year.

When Davis still was involved with "Flip This House," the show centered on him and his co-workers as they snapped up properties to be fixed up and quickly resold, or "flipped." After parting ways with A&E, Davis returned in late March on The Learning Channel with a similar show, "The Real Deal."

He was in court Wednesday but declined to comment about the case.

Reach Peter Hull at 937-5594 or phull@postandcourier.com.