Legal Opinion

Rainier Income Fund I, Ltd. and Rainier Income & Growth Fund II, Ltd. v. Fred Gans

Texas Court of Appeals, 5th District (Dallas)

Decided June 7, 2016No. 05-15-00460-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

Opinion by

Justice Francis

Rainier Income Fund I, Ltd., and Rainier Income & Growth Fund II,. Ltd., sued Fred Gans for contractual and fiduciary breaches in connection with his personal guaranties related to two failed real estate projects. The parties agreed to submit the dispute to a special judge under chapter 151 of the Texas Civil Practice and Remedies . Code on stipulated facts, exhibits, and affidavits. . The special judge ruled that Gans (1) breached one portion of the guaranties but not another and (2) did not owe a fiduciary duty to either Rainier appellant. After the special…

2Cases cited11 opinions

  1. Coker v. CokerTexas Supreme Court · 1983
  2. Schlumberger Technology Corp. v. SwansonTexas Supreme Court · 1997
  3. Associated Indemnity Corp. v. CAT Contracting, Inc.Texas Supreme Court · 1998
  4. Crim Truck & Tractor Co. v. Navistar International Transportation Corp.Texas Supreme Court · 1992
  5. Insurance Co. of North America v. MorrisTexas Supreme Court · 1998

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3Cited by6 opinions

  1. Smith v. City of GarlandCourt of Appeals of Texas · 2017
  2. Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Trustee of the Deborah Patterson Howard Trust, Texas Court of Appeals, 12th District (Tyler)2019
  3. Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Trustee of the Deborah Patterson Howard Trust, Texas Court of Appeals, 12th District (Tyler)2018
  4. Enosis Investments v. JensenTexas Business Court · 2026
  5. Gbenga M. Funmilayo v. Aresco, LP, Texas Court of Appeals, 5th District (Dallas)2021

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