Legal Opinion · Concurrence

Lapiner v. Maimon

Court of Appeals of Texas

Decided April 22, 2014No. 14-12-00158-CVPublished

1ConcurrenceKem Thompson Frost, Chief Justice

This court lacks jurisdiction for two independent reasons, either of which alone compels the dismissal of this appeal.

The appellant, who was not a named party in the trial court below, attempts to appeal the trial court’s approval of a shareholder-derivative-action settlement and the denial of his request for payment of attorney’s fees and expenses. Because the appellant was not a shareholder of the corporation at the time of the transactions of which the derivative-action plaintiffs complain, the appellant lacked standing under Delaware law to object to the derivative-action settlement, and…

2Cases cited21 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Dubai Petroleum Co. v. KaziTexas Supreme Court · 2000
  3. Devlin v. ScardellettiSupreme Court of the United States · 2002
  4. M.O. Dental Lab v. RapeTexas Supreme Court · 2004
  5. In the Interest of E.R.Texas Supreme Court · 2012

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