Legal Opinion

Maeberry v. Gayle

Texas Court of Appeals, 13th District

Decided September 11, 1997No. 13-96-052-CVPublishedCited by 22 opinions

1Opinion of the Court

OPINION

CHAVEZ, Justice.

Appellee James Lee Gayle won a judgment in a bench trial against appellant Joe Sidney Maeberry based on fraud and breach of fiduciary duty. Gayle was awarded actual damages of $33,800, exemplary damages of $45,000, and attorneys fees of $10,000, and Maeberry was granted a credit of $26,000 toward the judgment against him. We affirm Gayle’s award based on fraud and the award of attorney’s fees, reverse and render judgment that Gayle take nothing on his claim for breach of fiduciary duty, and remand to the trial court for further action on the issue of exemplary damages.

Ja…

2Cases cited24 opinions

  1. Ortiz v. JonesTexas Supreme Court · 1996
  2. Plas-Tex, Inc. v. U.S. Steel Corp.Texas Supreme Court · 1989
  3. Crim Truck & Tractor Co. v. Navistar International Transportation Corp.Texas Supreme Court · 1992
  4. Browning-Ferris, Inc. v. ReynaTexas Supreme Court · 1994
  5. International Bankers Life Insurance Co. v. HollowayTexas Supreme Court · 1963

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3Cited by22 opinions

  1. Scott v. Sebree, Texas Court of Appeals, 3rd District (Austin)1999
  2. Willis v. Donnelly, Texas Court of Appeals, 14th District (Houston)2003
  3. Musquiz v. Marroquin, Texas Court of Appeals, 13th District2004
  4. Sturges v. Wal-Mart Stores, Inc., Texas Court of Appeals, 9th District (Beaumont)2001
  5. Joseph Kudar, individually and as Trustee of the Joseph H. Kudar Revocable Trust under agreement dated June 13, 2003 Dorothy R. Kudar, individually and as Trustee of the Dorothy R. Kudar Revocable Trust under agreement dated June 13, 2003 Mary Kay Hatten and Lynn A. Hatten v. Larry J. Morgan, individually and as Trustee of the Larry J. Morgan Living Revocable Trust dated November 30, 1998Wyoming Supreme Court · 2022

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