the-huff-energy-fund-lp-wrh-energy-partners-llc-william-rbill ( 2015 )

Fourth Court of Appeals San Antonio, Texas CONCURRING AND DISSENTING OPINION No. 04-12-00630-CV THE HUFF ENERGY FUND, L.P., WRH Energy Partners, L.L.C., William R. “Bill” Huff, Rick D’Angelo, and Riley-Huff Energy Group, LLC, Appellants v. LONGVIEW ENERGY COMPANY, Appellee From the 365th Judicial District Court, Zavala County, Texas Trial Court No. 11-09-12583-ZCVAJA Honorable Amado J. Abascal, III, Judge Presiding Opinion by: Sandee Bryan Marion, Chief Justice Concurring Opinion by: Marialyn Barnard, Justice Dissenting opinion by: Luz Elena D. Chapa, Justice, joined by Rebeca C. Martinez, Justice Concurring and Dissenting Opinion by: Patricia O. Alvarez, Justice Sitting en banc: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: November 25, 2015 Because I agree with the majority’s reasoning as to the insufficiency of the evidence to support the jury’s findings on Usurpation of Corporate Opportunity, Jury Question Number One, I concur with only that section of the majority’s opinion. I do not, however, concur with the majority’s judgment. Instead, I agree with the dissent’s conclusion that liability is based on the Concurring and Dissenting Opinion 04-12-00630-CV jury’s answers regarding Competition, Jury Question Number Two. I, therefore, join the dissent on Jury Question Number Two and its assessment of available remedies to be determined by the trial court. Patricia O. Alvarez, Justice -2-