Daniel Ogbonna and Kingsley Ekworomadu, Olimax Group Inc., Olimax Manufacturing, LLC and Royalbrave Inc. v. Nelia Cruickshank

• Court: Court of Appeals of Texas
• Decided: August 15, 2023
• Docket: 14-21-00558-CV
• Status: Published

Opinion

Affirmed and Memorandum Opinion and Memorandum Concurring Opinion filed August 15, 2023.

In The

Fourteenth Court of Appeals

NO. 14-21-00558-CV

DANIEL OGBONNA AND KINGSLEY EKWOROMADU, OLIMAX GROUP INC., OLIMAX MANUFACTURING, LLC AND ROYALBRAVE INC., Appellants

V. NELIA CRUICKSHANK, Appellee

On Appeal from the 281st District Court Harris County, Texas Trial Court Cause No. 2020-64885

MEMORANDUM CONCURRING OPINION

I concur in the result. I do not believe all of the arguments under issue number one—as set out in the plurality opinion—are waived. However, I do not find the arguments persuasive.

Appellants argue that because the partnership used a pre-existing corporation’s bank account for the partnership, the partnership was “created under a statute” other than the partnership statutes, and consequently under section 152.051(c) there can be no partnership as a matter of law. See Tex. Bus. Org. Code § 152.051(c). I do not see how using a pre-existing bank account amounts to creating the new business as a corporation—as a matter of law. Appellants should have submitted the issue to the jury.

Appellants also argue that the jury was tasked with the wrong measure of damages, arguing—as a matter of law—that the partnership was dissolved. However, the evidence established that the other two partners continued to run the business. So this argument also fails.

I respectfully concur.

/s/ Tracy Christopher Chief Justice

Panel consists of Chief Justice Christopher and Justices Jewell and Bourliot.