Lopez v. Muñoz, Hockema & Reed, L.L.P.

filed an opinion concurring in part and dissenting in part, in which Chief Justice PHILLIPS joined.

Justice GONZALES, joined by Chief Justice PHILLIPS, concurring and dissenting.

I join Part IV of the Court’s opinion, that the Lopez family’s fraud, negligence, and DTPA claims should be remanded. I agree with the Court’s conclusion but not its reasoning in Part III that the Muñoz firm did not breach the fiduciary duty alleged by the Lopez family. However, I dissent from Part II of the Court’s opinion because, unlike the Court, I conclude that the contract is ambiguous and would remand for that…