Following a jury trial, defendants Samuel Kellett and Stiles Kellett, Jr., appeal the verdict and judgment entered against them and in favor of plaintiffs Surender Kumar, Veeni Kumar, and Ellen Troup, awarding the plaintiffs $1.6 million and $100,000 in attorney fees for the Kelletts’ breach of a partnership agreement. The Kelletts contend that the trial court erred in denying their motion for j.n.o.v., arguing that no evidence supported the jury’s damages award. They further contend that a new trial should have been granted because the trial court erred in admitting evidence of other litigation, erred in excluding evidence concerning plaintiffs’ efforts to liquidate their partnership interests, and because of gross juror misconduct. For the reasons set forth below, we affirm. Construed in favor of the verdict, Jordan v. Stephens ,1 the evidence shows that in 1980, plaintiffs invested and became limited partners in Westbury Associates, an entity formed by the Kelletts to own and operate a nursing home in Houston, Texas. At that time, the parties executed a limited partnership agreement, wherein the Kelletts, as general partners, received two-thirds of an interest in the partnership, and the plaintiffs, as limited partners, received collectively one-third of an interest. Over the course of the next 14 years, the partnership performed exceptionally well as an investment vehicle for all parties.
In 1994, the Kelletts decided to consolidate their business holdings under their wholly owned corporation, Convalescent Services, Inc. CSI. Pursuant to this decision, and in accordance with the terms of the partnership agreement, on April 14, 1994, the Kelletts sent plaintiffs letters advising them of the Kelletts’ intent to withdraw as general partners in Westbury and transfer their general partnership interest to CSI. The letters included forms requesting plaintiffs’ signed consent to the Kelletts’ withdrawal. Although plaintiffs never signed or returned the consent forms, on September 1, 1994, the Kelletts transferred their interest in Westbury to Westchester Health Care, Ltd., which was wholly owned by CSI. On December 15, 1994, the Kelletts again sent letters to plaintiffs requesting that they sign the attached consent forms regarding the Kelletts’ withdrawal and the substitution of CSI as the sole general partner. The plaintiffs wrote in response that they did not consent to the Kelletts’ withdrawal or to any substitution of the general partners. Nevertheless, in January 1995, CSI executed a merger agreement with one-third entity, Mariner Health Group Mariner, and transferred its two-thirds interest in the partnership to Mariner.
