Atkinson v. Reid

OPINION

ESQUIVEL, Justice.

Newell W. Atkinson, III, hereinafter referred to as Atkinson, brought this derivative action on behalf of Alice Investment Corporation for damages resulting from the alleged breach of fiduciary duties of Appel-lees Hubert R. Reid and Quitman Lindley, officers and directors of the Corporation. The trial court sustained a Plea in Abatement and Special Exceptions to Appellant’s Fourth Amended Original Petition and dismissed appellant’s action with prejudice. Atkinson brings this appeal. We reverse and remand. Appellant’s points of error present the following principal…