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Samedan Oil Corp. v. Intrastate Gas Gathering, Inc.

That the appellant did not reveal its intention to actively avoid utility classification when utility classification was a near certainty given the terms of the settlement agreement, considered in conjunction with other evidence, constitutes some evidence of fraudulent concealment.

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APPEAL FROM THE 349TH JUDICIAL DISTRICT COURT OF HOUSTON COUNTY, TEXAS

Intrastate Gas Gathering, Inc. and Samedan Oil Corporation have both filed motions for rehearing. Samedan Oil Corporation’s motion for rehearing is granted in part and denied in part. Likewise, Intrastate Gas Gathering, Inc.’s motion for rehearing is granted in part and denied in part. The opinion and judgment of June 20, 2001 are hereby withdrawn and the following opinion and judgment are substituted in their place.

Appellant, Samedan Oil Corporation (“Samedan”), appeals the trial court’s judgment following a jury trial. The jury returned its verdict and found Samedan liable for common law fraud, tortious interference with contract, and violation of the Texas Deceptive Trade Practices Act *fn1 (“DTPA”). The jury awarded actual damages of $5 million and exemplary damages of $5 million. Appellee, Intrastate Gas Gathering, Inc. (“Intrastate”), elected to recover only under the fraud and tortious interference claims. In five issues and multiple sub-issues, Samedan complains that the evidence is insufficient to support the trial court’s judgment for fraud, tortious interference, and actual damages, that the verdict is tainted by a multi-theory jury charge, and that the evidence is insufficient to support an alternative judgment under the DTPA. We affirm in part, and reverse and remand in part.

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