Legal Opinion

Swinnea v. Eri Consulting Engineers, Inc.

Court of Appeals of Texas

Decided February 10, 2016No. 12-14-00288-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

JAMES T. WORTHEN, Chief Justice

J. Mark Swinnea breached his fiduciary duty to. ERI Consulting Engineers, Inc. and Larry Snodgrass. In this appeal of the trial.court’s post-remand judgment, he complains of the disgorgement, exemplary damage, and attorney’s fees awards rendered against him. We affirm.

Background

Snodgrass and Swinnea were equal owners of ERI, managing asbestos abatement projects for contractors, and partners in a limited partnership called Malmeba Company, Ltd. In the summer of 2001, without Snodgrass’s knowledge, Swinnea and another ERI employee formed a new company, Air…

2Cases cited15 opinions

  1. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  2. Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
  3. Tony Gullo Motors I, L.P. and Brien Garcia v. Nury ChapaTexas Supreme Court · 2006
  4. Burrow v. ArceTexas Supreme Court · 1999
  5. Hudson v. WakefieldTexas Supreme Court · 1986

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3Cited by5 opinions

  1. Erwin Cruz and the Erwin A. Cruz Family Limited Partnership, Both of Them Individually and on Behalf of North Dallas Medical Imaging, LP, Plano AMI, LP, and Ghani Medical Investments, Inc. v. Mehrdad Ghani, Texas Court of Appeals, 5th District (Dallas)2018
  2. Erwin Cruz and the Erwin A. Cruz Family Limited Partnership, Both of Them Individually and on Behalf of North Dallas Medical Imaging, LP, Plano AMI, LP, and Ghani Medical Investments, Inc. v. Mehrdad Ghani, Texas Court of Appeals, 5th District (Dallas)2018
  3. Frank Thomas Shumate Jr. D/B/A F.T.S. Trucking v. Berry Contracting, L.P. D/B/A Bay, Ltd., Texas Court of Appeals, 13th District2021
  4. Sister Initiative, LLC David Bagwell And Susan Bagwell v. Broughton Maintenance Association, Inc. Old Grove Maintenance Association, Inc. And Whittier Heights Maintenance Association, Inc., Texas Court of Appeals, 2nd District (Fort Worth)2020
  5. T. Christian Cooper v. Sanders H. Campbell/Richard T. Mullen, Inc. D/B/A the Mullen Company, Texas Court of Appeals, 5th District (Dallas)2016

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