David Nelson, Individually and D/B/A Collective Contracting, a Sole Proprietorship Collective Contracting, Inc. E. E. Hood & Sons, Inc. v. Vernco Construction, Inc.

Court of Appeals of Texas

David Nelson, Individually and D/B/A Collective Contracting, a Sole Proprietorship Collective Contracting, Inc. E. E. Hood & Sons, Inc. v. Vernco Construction, Inc.

DecidedJune 22, 2018

Docket08-10-00222-CV

StatusPublished

This text of David Nelson, Individually and D/B/A Collective Contracting, a Sole Proprietorship Collective Contracting, Inc. E. E. Hood & Sons, Inc. v. Vernco Construction, Inc. (David Nelson, Individually and D/B/A Collective Contracting, a Sole Proprietorship Collective Contracting, Inc. E. E. Hood & Sons, Inc. v. Vernco Construction, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David Nelson, Individually and D/B/A Collective Contracting, a Sole Proprietorship Collective Contracting, Inc. E. E. Hood & Sons, Inc. v. Vernco Construction, Inc., (Tex. Ct. App. 2018).

Pincite

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

DAVID NELSON, Individually and d/b/a § COLLECTIVE CONTRACTING, A No. 08-10-00222-CV SOLE PROPRIETORSHIP; § COLLECTIVE CONTRACTING, INC.; Appeal from the and E.E. HOOD & SONS, INC., § 45th District Court Appellants, § of Bexar County, Texas v. § (TC# 2006-CI-18807) VERNCO CONSTRUCTION, INC., §

Appellee. JUDGMENT

We vacate our judgment dated May 31, 2018. We modify the trial court’s judgment to (1) reflect that Appellant E.E. Hood is liable for knowing participation in Appellant David Nelson’s breach of fiduciary duty, rather than breach of contract; (2) delete the award of attorney’s fees; and (3) reflect an award of actual damages against Hood individually in the amount of $1,702,758.00 and $150,000.00 in exemplary damages for a total of $1,852,758.00. We affirm the remainder of the trial court’s judgment as modified.

We further order that Appellants and their sureties, if any, see TEX.R.APP.P. 43.5, and Appellee each pay one-half (1/2) the costs of this appeal. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 22ND DAY OF JUNE, 2018.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ. Hughes, J. (Not Participating)

Free access — add to your briefcase to read the full text and ask questions with AI

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

DAVID NELSON, Individually and d/b/a § COLLECTIVE CONTRACTING, A No. 08-10-00222-CV SOLE PROPRIETORSHIP; § COLLECTIVE CONTRACTING, INC.; Appeal from the and E.E. HOOD & SONS, INC., § 45th District Court Appellants, § of Bexar County, Texas v. § (TC# 2006-CI-18807) VERNCO CONSTRUCTION, INC., §

Appellee. JUDGMENT

We vacate our judgment dated May 31, 2018. We modify the trial court’s judgment to (1) reflect that Appellant E.E. Hood is liable for knowing participation in Appellant David Nelson’s breach of fiduciary duty, rather than breach of contract; (2) delete the award of attorney’s fees; and (3) reflect an award of actual damages against Hood individually in the amount of $1,702,758.00 and $150,000.00 in exemplary damages for a total of $1,852,758.00. We affirm the remainder of the trial court’s judgment as modified.

We further order that Appellants and their sureties, if any, see TEX.R.APP.P. 43.5, and Appellee each pay one-half (1/2) the costs of this appeal. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 22ND DAY OF JUNE, 2018.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ. Hughes, J. (Not Participating)

Cite This Page — Counsel Stack

Bluebook (online)

David Nelson, Individually and D/B/A Collective Contracting, a Sole Proprietorship Collective Contracting, Inc. E. E. Hood & Sons, Inc. v. Vernco Construction, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-nelson-individually-and-dba-collective-contracting-a-sole-texapp-2018.