Legal Opinion · Dissent

Lee C. Ritchie v. Ann Caldwell Rupe, as Trustee for the Dallas Gordon Rupe, III 1995 Family Trust

Texas Supreme Court

Decided June 20, 2014No. 11-0447Published

1DissentJustice Guzman

Thirty-seven states, including Texas, have statutes allowing a court to appoint some form of receiver over a closely held corporation for shareholder oppression. Today, Texas becomes the first of these jurisdictions with a statute that unequivocally prefers lesser remedies to effectively preclude those remedies — despite overwhelming authority observing that, to the contrary, many if not all jurisdictions allow these lesser remedies.1 But even jurisdictions with statutes that are silent on lesser remedies have interpreted their statutes to impliedly allow them. This departure from the plain…

2Cases cited64 opinions

  1. Columbia Medical Center of Las Colinas, Inc. v. HogueTexas Supreme Court · 2008
  2. Donahue v. Rodd Electrotype Co. of New England, Inc.Massachusetts Supreme Judicial Court · 1975
  3. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.New York Court of Appeals · 2011
  4. Hoggett v. Brown, Texas Court of Appeals, 14th District (Houston)1997
  5. Willis v. DonnellyTexas Supreme Court · 2006

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