Supreme Court of Texas
ERI Consulting Eng'r, Inc. v. Swinnea, 07-1042
In plaintiffs' suit against his former business partner claiming various causes of action including common law fraud and breach of fiduciary duty, judgment of the court of appeals holding that equitable forfeiture is not an available remedy is reversed as, when a partner in a business breached his fiduciary duty by fraudulently inducing another partner to buy out his interest, the consideration received by the breaching party for his interest in the business is subject to forfeiture as a remedy for the breach, in addition to other damages that result from the tortious conduct.
Appellate Information
- Argued 12/17/2009
- Decided 05/07/2010
- Published 05/07/2010
Judges
- Justice GREEN delivered the opinion of the Court.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- Sarah B. Duncan, Elissa Gail Underwood, Mike A. Hatchell, Susan A. Kidwell, Locke Lord Bissell & Liddell, LLP, Austin TX, Deborah J. Race, Ireland Carroll & Kelley, P.C., Roger W. Anderson, Gillen & Anderson, Tyler TX, for Petitioner.
- For Appellees:
- Sheral Kniffin Maloy, Attorney at Law, El Paso TX, Gregory D. Smith, Justin Lindley, Ramey & Flock, P.C., Tyler TX, for Respondent.