Filed: Jan. 27, 2017
Latest Update: Jan. 27, 2017
Summary: ORDER DAVID J. SCHENCK , Justice . Before the Court are CBIF Limited Partnership's ("CBIF"), Steve Flory's ("Flory"), and Louis Sturns, Norma Roby, Erma Johnson Hadley, RSH Concessions, LLC and TSQF Limited Partnership's ("RSH Group") January 4, 2017 Motions for Partial Rehearing. The Court specifically requests that CBIF and Columbia Airport, LLC file responses to the RSH Group's Motion for Partial Rehearing to address the following: (1) the applicability of this Court's decision in Tel
Summary: ORDER DAVID J. SCHENCK , Justice . Before the Court are CBIF Limited Partnership's ("CBIF"), Steve Flory's ("Flory"), and Louis Sturns, Norma Roby, Erma Johnson Hadley, RSH Concessions, LLC and TSQF Limited Partnership's ("RSH Group") January 4, 2017 Motions for Partial Rehearing. The Court specifically requests that CBIF and Columbia Airport, LLC file responses to the RSH Group's Motion for Partial Rehearing to address the following: (1) the applicability of this Court's decision in Tele..
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ORDER
DAVID J. SCHENCK, Justice.
Before the Court are CBIF Limited Partnership's ("CBIF"), Steve Flory's ("Flory"), and Louis Sturns, Norma Roby, Erma Johnson Hadley, RSH Concessions, LLC and TSQF Limited Partnership's ("RSH Group") January 4, 2017 Motions for Partial Rehearing.
The Court specifically requests that CBIF and Columbia Airport, LLC file responses to the RSH Group's Motion for Partial Rehearing to address the following:
(1) the applicability of this Court's decision in Telecheck Serv., Inc. v. Elkins, 226 S.W.3d 731 (Tex. App.-Dallas 2007, no pet.) in this case; and
(2) whether Chapter 38 of the Texas Civil Practice & Remedies Code's preclusion of an attorney's fee award on a breach of contract claim against limited partnerships and limited liability companies preempts an award of attorney's fees under Chapter 153 of the Business Organizations Code for succeeding on a derivative action claim of breach of contract.
The Court requests that TGI Friday's, Inc. ("Friday's") and the RSH Group file responses to Flory's Motion for Partial Rehearing to address Flory's assertion that the only evidence as to whether Flory was actually aware that CBIF and Columbia were breaching their fiduciary duties establishes he was not aware of such breaches.
The Court requests that Friday's file a response to CBIF's Motion for Partial Rehearing regarding evidence of frustration of economic purpose.
The Court requests that the RSH Group file a response to CBIF's Motion for Partial Rehearing to address the loss of the additional interest in Terminal D.
The responses shall be filed on or before February 13, 2017.
