Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Sewing v. Bowman

The appellant challenges the trial court's judgment, entered after a jury trial, in favor of appellee in the appellee's suit for redemption of partnership interest, breach of contract, unjust enrichment and breach of fiduciary duty. Whether a partnership exists is to be determined by looking at the totality of the circumstances and considering all of the evidence bearing on the Texas Revised Partnership Act partnership factors. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-10-00230-CV, 03-29-2012.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Appellant, Richard Sewing, challenges the trial court’s judgment, entered after a jury trial, in favor of appellee, Steven Wayne Bowman, as Personal Representative of the Estate of William C. Bowman ("Bowman"), in Bowman’s suit against Sewing for redemption of partnership interest*fn1 , breach of contract, unjust enrichment, and breach of fiduciary duty.*fn2 In thirteen issues, Sewing contends that the statute of frauds*fn3 precludes Bowman’s claim for recovering a redemption of partnership interest; the trial court erred in considering Sewing’s previously-owned property as partnership assets; the evidence is legally and factually insufficient to support the jury’s finding that the parties formed a partnership; the evidence is insufficient to establish the necessary elements of an enforceable contract or agreement; Bowman failed to present competent evidence of the market value of the partnership; the evidence is insufficient to support the jury’s damage award; the jury’s damage award is excessive and against the great weight of the competent evidence presented at trial; and the trial court erred in not providing set-offs to the jury’s calculation of Bowman’s partnership redemption interest, awarding Bowman attorney’s fees, and not submitting Sewing’s requested jury instructions.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs