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Click here for the full text of this decision FACTS:Appellants, representatives of a debtor limited liability corporation, sued appellees, representatives of a creditor limited partnership, for breach of fiduciary duty, conspiracy, and alter-ego for damages. Appellees moved for a no-evidence summary judgment, and it was granted as to all claims. In four issues, appellants sought review of the trial court’s granting of the summary judgment in favor of appellees. HOLDING:The court affirms the trial court’s judgment. Appellants argue that the trial court erred in granting appellees’ motion for no-evidence summary judgment when the motion was defective because it contained only global and conclusory statements. Appellees argue that the motion was not defective because it specified the elements of each claim lacking evidentiary support. Appellees’ motion for summary judgment alleged that appellants have not demonstrated any evidence to support their causes of action based on breach of fiduciary duty, conspiracy, and alter ego. The court finds that the motion specifically enumerated each of the elements of the causes of action as to which there is no evidence. Therefore, the court finds that appellees’ no-evidence motion for summary judgment was not defective. Next, the court addresses the question of whether appellants presented more than a scintilla of evidence of all the essential elements of their claim, and if so, whether the trial court erred in granting appellees’ no-evidence summary judgment. Appellants assert that they presented evidence regarding the existence of a fiduciary relationship between them and appellees’ partnership, and the partnership’s president and vice-president. They further argue that sufficient evidence was presented regarding the breach of such fiduciary duty and the damages resulting from that breach. The court notes that appellants discussed the issues as they related to the chief operating officer of the debtor corporation, but failed to address how the officer’s wife was owed a fiduciary duty, how that duty was breached, and what damages resulted from that breach. The court agrees with appellees’ assertion that the wife was owed no fiduciary duty. In order to recover on her breach of fiduciary duty claim, one of the elements the wife had to establish is that appellees were her fiduciaries. The court holds that appellants failed to present any evidence regarding a fiduciary duty owed to the wife nor did they point to any case law that would establish such a relationship. The court concludes that with respect to the wife, there was no fiduciary duty that was breached and as such, the no-evidence motion for summary judgment was properly granted. Appellees argue that even if the debtor corporation’s chief operating officer was owed a fiduciary duty, the facts specified in the response do not raise a material fact issue on whether appellees breached any fiduciary duty that caused appellants any damage. The court agrees with appellees and finds that the evidence does not raise a genuine issue of material fact of a breach of fiduciary duty. The court concludes that appellee’s actions were taken for legitimate business reasons rather than for the fiduciary to profit by taking advantage of its position. After reviewing the record, the court holds that appellants failed to respond to the conspiracy claim portion of the no-evidence summary judgment motion and, consequently, failed to direct the trial court to any evidence on the cause of action of conspiracy. Therefore, the court overrules all of the points of error asserted by appellants. OPINION:Chew, J.; Barajas, C.J., Chew and McClure, JJ.

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