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Moore v. Altra Energy Technologies Inc.

In one of four issues on appeal, appellant contends the evidence supporting the fraud claim is legally insufficient to support the jury's verdict. Because there is a complete absence of a vital fact — a misrepresentation from appellant — and the evidence offered in an effort to prove the vital fact is less than a scintilla, Houston's 14th Court of Appeals concluded the evidence supporting the fraud claim against appellant is legally insufficient. Houston's 14th Court of Appeals, No. 14-08-00362-CV, 08-12-2010

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Reversed and Rendered in Part and Remanded in Part and Opinion filed August 10, 2010.

OPINION

This case was tried to a jury over allegations of common-law and statutory fraud, promissory estoppel, and breach of contract. The jury returned a verdict of $4 million against appellant Paul Moore in favor of appellees Altra Energy Technology, Inc., and Altra Electronic Trading Services, Inc. (“Altra”), on Altra’s claim of common-law fraud. The jury also awarded Altra $1.25 million on its breach-of-contract claim against appellee DGO, Inc., d/b/a The Ownby Companies (“DGO”). And the jury awarded DGO $1.25 million in actual damages and $10 million in exemplary damages against Moore for common-law and statutory fraud and promissory estoppel. The trial court reduced the exemplary award to $2.5 million pursuant to Texas Civil Practice & Remedies Code section 41.008 and entered judgment on the verdict. Moore filed this appeal.

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