T.O. Stanley Boot Co. v. Bank of El Paso

1 Analyses of this case by attorneys

  1. Court Affirms The Equitable Forfeiture Of A Manager’s Partnership Interest Due To Breach Of Fiduciary Duty And Discussed Interesting Jury Instruction Issues

    Winstead PCDavid Fowler JohnsonOctober 20, 2020

    Where a party fails to submit any element of its claim or affirmative defense, that claim or defense is waived unless the evidence conclusively establishes it under the law. Gulf States Utils. Co. v. Law, 79 S.W.3d 561, 565 (Tex. 2002); T.O. Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 222-23 (Tex. 1992); Harmes v. Arklates Corp., 615 S.W.2d 177, 179 (Tex. 1981). The court of appeals should have reversed and rendered that the plaintiffs waived their right to forfeiture relief by failing to submit questions to support its claim.