Christine Adiuku, Kate Opara, Caramela Nzenwa and Angela Alimole v. Kelechi Ikemenefuna, Chinyere Agonsi, Beatrice Oparaji, Ann Ebere, Kelechi Ogun, Maria Arririguzo, Chinyere Agim and Virginia Akuchie on Behalf of MBAISE Association of Houston ( 2015 )


Menu:
  • MANDATE The Fourteenth Court of Appeals NO. 14-13-00722-CV Christine Adiuku, Kate Opara, Caramela Appealed from the County Civil Court Nzenwa, and Angela Alimole, at Law No. 4 of Harris County. (Tr. Ct. Appellants No. 1012911). Memorandum Opinion delivered by Justice Busby. Justices v. Boyce and Wise also participating. Kelechi Ikemenefuna, Chinyere Agonsi, Beatrice Oparaji, Ann Ebere, Kelechi Ogun, Maria Arririguzo, Chinyere Agim, and Virginia Akuchie, on Behalf of MBAISE Association of Houston, Appellees TO THE COUNTY CIVIL COURT AT LAW NO. 4 OF HARRIS COUNTY, GREETINGS: Before our Court of Appeals on February 24, 2015, the cause upon appeal to revise or reverse your judgment was determined. Our Court of Appeals made its order in these words: We have inspected the record and hold the trial court erred when it granted appellees partial summary judgment imposing liability and damages based on appellees’ causes of action for conversion, breach of fiduciary duty, and registering an organization with a deceptively similar name. We therefore order that the portions of the judgment that imposed liability and damages for those causes of action are REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion. Further, we hold the trial court erred when it found liability and awarded damages to appellees on their fraud by nondisclosure cause of action. We therefore order that the part of the judgment that imposed liability and damages based on appellees’ fraud by nondisclosure cause of action is REVERSED and we RENDER judgment that they take nothing by that claim. Further, we hold the trial court erred when it awarded appellees attorney’s fees. We therefore order that the part of the judgment awarding appellees attorney’s fees is REVERSED and we RENDER judgment that they take nothing in attorney’s fees. Further, we find no error in the remainder of the judgment, including the partial summary judgment on appellants’ affirmative defenses and the trial court’s declaration that appellant Christine Adiuku is no longer president of MBAISE Association of Houston, and we order it AFFIRMED. We order that each party shall pay its costs by reason of this appeal. We further order this decision certified below for observance. WHEREFORE, WE COMMAND YOU to observe the order of our said Court in this behalf and in all things have it duly recognized, obeyed, and executed. WITNESS, the Hon. Kem Thompson Frost, Chief Justice of our Fourteenth Court of Appeals, with the Seal thereof affixed, at the City of Houston, May 08, 2015. 2

Document Info

Docket Number: 14-13-00722-CV

Filed Date: 5/8/2015

Precedential Status: Precedential

Modified Date: 9/29/2016