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Beverly Foundation v. Lynch

The record falls short of creating a material issue of fact on the question of whether appellee entered a joint venture with appellant, agreed to assume the duties and obligations of the venture, or had any other kind of fiduciary relationship with appellant. And, unless there was an agreement, there could be no breach of it or fiduciary duties emanating from it. Amarillo Court of Appeals, No. 07-08-0387-CV, 10-30-2009

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Opinion

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

The Beverly Foundation (a non-profit corporation) appeals from a summary judgment denying it recovery against W. W. Lynch (Lynch), San Marino, L.P. (San Marino), and Sofamco, Inc. (Sofamco). The dispute concerns a purported oil and gas drilling venture from which Beverly was excluded, contrary to an alleged oral agreement. Per the oral agreement, Sofamco was to convey to it a 1/8 working interest in the oil and gas leases the venture acquired. Beverly eventually sued the aforementioned parties for fraud, breached fiduciary duty, and conspiracy.*fn1 As relief, it sought a constructive trust, exemplary damages, and attorney’s fees. Thereafter, each of the defendants filed traditional or no evidence motions for summary judgment. Beverly responded with its own motion for partial summary judgment. The trial court granted those of the defendants without specifying the grounds upon which it acted and denied that of Beverly. The latter now attacks the judgment via four issues. We overrule each and affirm.

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