In Gordon v. Gordon, No. 09-05-330 CV, 2006 WL 5961831 (Tex. App.--Beaumont July 31, 2008, pet. denied), Greg Gordon and his wife sued David Gordon and SGD for damages arising out of the merger of Greg's and Lisa's family business, Con-Tex Silver Imports, Inc. ("Con-Tex") with the publicly-traded SGD, and Greg Gordon's subsequent expulsion from SGD following a dispute concerning SEC filings.
A bench trial resulted in a take nothing judgment.
On appeal, this Court held that factually sufficient evidence supported the trial court's findings that the Gordons failed to prove the existence of an attorney-client relationship or formal fiduciary relationship between the Gordons and David Gordon as SGD's corporate and securities counsel.
But the Court also held that the overwhelming weight and preponderance of the evidence supported the Gordons' claim of a confidential relationship giving rise to an informal fiduciary duty owed to them by David Gordon, and we reversed the judgment and remanded the case to the trial court on that ground.