Crippen v. Outback Steakhouse International, L.P.

Ray, Judge.

This case comes to us from an order of the trial court granting summary judgment or partial summary judgment to the appellees on claims for breach of contract, breach of fiduciary duty, fraud, conspiracy to commit fraud, and setoff. Because we believe that the trial court erred in some of its conclusions, we hereby affirm in part, reverse in part, and remand this case to trial.

On appeal from a grant of summary judgment, we review the evidence de novo, viewing it in the light most favorable to the nonmovant, to determine whether a genuine issue of fact remains *168and whether the moving…