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Gordon v. Clemons

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MEMORANDUM OPINION

James G. Gordon (“Greg Gordon”) appeals the summary judgment granted in favor of Steven H. Clemons, Jenny L. Martinez, Whitney Bowling, Leggett & Clemons, P.L.L.C. (collectively “L&C”), Godwin Pappas Ronquillo, L.L.P. (“the Godwin Firm”), and Phillip W. Offill, Jr. The appellees are the lawyers and law firms that represented Greg Gordon’s opponents in separate lawsuits concerning disputes over ownership, control, and corporate governance of SGD Holdings, Ltd. (“SGD”). Greg Gordon’s pleadings and the summary judgment record establish a limitations bar for all claims against one group of lawyers and their firm. Greg Gordon failed to raise a fact issue regarding his claims against the other lawyer and his firm. Accordingly, we affirm the trial court’s judgment.

This Court affirmed the trial court’s judgment in part and reversed and remanded in part for a new trial in related litigation between Greg Gordon and his brother, George David Gordon, Jr. (“David Gordon”). Gordon v. Gordon, No. 09-05-330 CV, 2006 WL 5961831 (Tex. App.–Beaumont July 31, 2008, pet. denied). In Gordon v. Gordon, 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. Id. at **1-2. A bench trial resulted in a take nothing judgment. Id. at *1. 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. Id. at **5-7. But we 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. Id. at *10.

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