Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of July 8, 2019.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

CLC Roofing, Inc. v. Helzer, No. 02-17-00229-CV (July 11, 2019) (Pittman, J., joined by Sudderth, C.J., and Gabriel, J.).

Held:    The jury found that Thompson and Helzer committed fraud by omission against CLC and that Helzer committed fraud by misrepresentation.  However, the evidence does not support a fraud finding against either Thompson or Helzer because (1) Thompson had no duty to disclose facts he did not know; (2) Thompson and Helzer had no duty to reveal their employer’s breach of contract; and (3) for the other alleged misrepresentations alleged by CLC, there was no evidence that those representations were untrue when made.  Accordingly, we affirm the trial court’s JNOV for Thompson and reverse the trial court’s final judgment against Helzer.