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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.

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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.

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