Legal Opinion

MIDWEST MEDICAL SUPPLY CO. v. Wingert

Texas Court of Appeals, 5th District (Dallas)

Decided July 20, 2010No. 05-07-01645-CVPublishedCited by 25 opinions

1Opinion of the Court

OPINION

Opinion By Justice MOSELEY.

Midwest Medical Supply Co., L.L.C. filed a lawsuit for breach of contract and breach of fiduciary duty against its former employee, Mark Wingert, and for business torts against two corporate defendants related to Wingert. A jury found Wingert breached the contracts and his fiduciary duty to Midwest and awarded Midwest damages for past lost profits. After several post-verdict motions and hearings, the trial court rendered judgment on the jury’s verdict. However, it denied Midwest’s request for attorneys’ fees, and awarded costs in part to Midwest against…

2Cases cited19 opinions

  1. Tony Gullo Motors I, L.P. and Brien Garcia v. Nury ChapaTexas Supreme Court · 2006
  2. Holland v. Wal-Mart Stores, Inc.Texas Supreme Court · 1999
  3. Smith v. EMC CorporationCourt of Appeals for the Fifth Circuit · 2004
  4. SAVA Gumarska in Kemijska Industria D.D. v. Advanced Polymer Sciences, Inc., Texas Court of Appeals, 5th District (Dallas)2004
  5. Pittsburgh Corning Corp. v. Walters, Texas Court of Appeals, 13th District1999

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3Cited by25 opinions

  1. U. Lawrence Boze' & Associates, P.C. and U. Lawrence Boze' v. Harris County Appraisal District, Texas Court of Appeals, 1st District (Houston)2011
  2. Midcontinent Express Pipeline, LLC v. Man Industries (INDIA), Ltd, Prime Pipe International, Inc., and the Bank of Tokyo-Mitsubishi UFJ, Ltd, Texas Court of Appeals, 14th District (Houston)2013
  3. Troy v. RFD-TV The Theater, LLCCourt of Appeals of Tennessee · 2016
  4. 1600 Barberry Lane 8 v. Cottonwood ResidentialUtah Supreme Court · 2021
  5. Brinson Benefits, Inc. v. Linda Hooper, Sean Sendelbach and Holmes Murphy & Associates, Inc., Texas Court of Appeals, 5th District (Dallas)2016

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