Legal Opinion

Lundy v. Masson

Texas Court of Appeals, 14th District (Houston)

Decided July 10, 2008No. 14-06-00581-CVPublishedCited by 141 opinions

1Opinion of the Court

OPINION

LESLIE B. YATES, Justice.

In twenty-three issues, appellant Sean Lundy appeals the jury verdict rendered in favor of appellees Marcos Masson, M.D. and Global Orthopaedic Solutions, Inc. (“Global”) on their claims of fraud and breach of fiduciary duty. We reform the judgment in favor of Masson to reflect an election of remedies, and we affirm as reformed. We affirm the judgment in favor of Global on its breach of fiduciary duty claim. We reverse and render that portion of the judgment in favor of Global on its fraud claim.

I. FACTUAL AND PROCEDURAL BACKGROUND

In July 2001, Marcos Masson,…

2Cases cited60 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Cain v. BainTexas Supreme Court · 1986
  3. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  4. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  5. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998

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3Cited by141 opinions

  1. Usaa Texas Lloyds Company v. Gail MenchacaTexas Supreme Court · 2018
  2. Priddy v. Rawson, Texas Court of Appeals, 14th District (Houston)2009
  3. Jacked Up, L.L.C. v. Sara Lee CorporationCourt of Appeals for the Fifth Circuit · 2017
  4. Heritage Gulf Coast Properties, Ltd. v. Sandalwood Apartments, Inc.Court of Appeals of Texas · 2013
  5. PAS, INC. v. Engel, Texas Court of Appeals, 14th District (Houston)2011

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