Brazosport Bank of Texas v. Oak Park Townhouses

In Brazosport Bank of Texas v. Oak Park Townhouses, 889 S.W.2d 676, 683-84 (Tex. App.--Houston 14th Dist. 1994, writ denied), the Court held that the evidence was legally insufficient to support the jury's finding of a relationship of trust and confidence between a bank and a general partnership. See Brazosport Bank of Texas, 889 S.W.2d at 683-84. In doing so, this court noted that the general partners owed one another a formal fiduciary duty and that the directors owed the bank a formal fiduciary duty. See id. And, the Court concluded that that even if one or more of the general partners were also directors of the bank, these relationships and formal fiduciary duties between other persons in the transactions in question were not relevant as to whether a confidential relationship existed between the bank and the partnership. See id. Texas law does not allow an informal fiduciary duty to be imposed on one person based upon a "combination of relationships" among that person and other legal persons to whom a formal fiduciary duty is owed. See id. The majority's analysis conflicts with this court's precedent in Brazosport Bank of Texas. See id.