Legal Opinion
Miller v. Mac Gann
Texas Supreme Court
Decided September 30, 1992No. D-2178PublishedCited by 24 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
2Per curiam
The motions for rehearings are overruled. The court’s opinion of July 2,-1992, is withdrawn, and the following is substituted therefor.
This land ownership dispute involves the doctrine of judicial estoppel. Ralph Miller sued William Mac Gann and Jim Perdue for breach of fiduciary duty relating to their mutual ownership of a land tract in Brazo-ria County. Gann and Perdue deny the land was owned by the parties’ partnership. Gann and Perdue further assert that Miller is judicially estopped from claiming partnership ownership because they allege Miller had claimed…
3Cases cited2 opinions
- Aetna Life Insurance Co. v. WellsCourt of Appeals of Texas · 1977
- Van Deusen v. Connecticut General Life Insurance Co.Court of Appeals of Texas · 1974
4Cited by24 opinions
- In Re O.J. OSBORN and Roma Lou Osborn, Debtors. O.J. OSBORN and Roma Lou Osborn, Appellants, v. DURANT BANK & TRUST COMPANY, AppelleeCourt of Appeals for the Tenth Circuit · 1994
- Southwest Intelecom, Inc. v. Hotel Networks Corp., Texas Court of Appeals, 3rd District (Austin)1999
- Pierson v. SMS Financial II, L.L.C., Texas Court of Appeals, 6th District (Texarkana)1998
- Williams v. Nealon, Texas Court of Appeals, 1st District (Houston)2006
- National Union Fire Insurance Co. of Pittsburgh v. John Zink Co., Texas Court of Appeals, 13th District1998
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