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Old Republic Ins. v. EX-IM SERVICES

Citations: 920 S.W.2d 393; 1996 WL 74106Docket: 01-95-00364-CV

Court: Court of Appeals of Texas; March 20, 1996; Texas; State Appellate Court

Narrative Opinion Summary

In this case, Old Republic Insurance Company appealed a judgment notwithstanding the verdict (n.o.v.) in favor of EX-IM Services Corporation, EX-IM Group, Inc., and Refugio Gonzales, Jr. Old Republic asserted that the trial court erred by setting aside jury findings that Gonzales was the alter ego of Jetero International Services, Inc., and that a single business enterprise existed among related entities. The dispute arose from customs bonds issued by Old Republic, which Jetero International failed to satisfy upon its bankruptcy. Gonzales, retaining ownership in Jetero, established new companies performing similar operations. The jury found that these entities operated as a single business enterprise, and that Gonzales was the alter ego, thereby justifying the piercing of their separate corporate forms. The trial court, however, entered a take-nothing judgment n.o.v., dismissing Old Republic's claims. On appeal, the court reversed this decision, concluding that there was sufficient evidence supporting the jury's findings. Consequently, the appellate court ruled in favor of Old Republic, holding Gonzales personally liable for the debts and awarding Old Republic $50,000 in attorney's fees plus post-judgment interest, while dismissing the need to address the alter ego claim further.

Legal Issues Addressed

Alter Ego Doctrine

Application: The jury determined that Refugio Gonzales was the alter ego of Jetero International and other related companies, but the trial court's judgment n.o.v. negated this finding, which the appellate court did not need to reconsider upon reversing the trial court's decision.

Reasoning: At trial, the jury confirmed the existence of a single business enterprise among the entities and identified Gonzales as the alter ego of Jetero International and the other companies.

Judgment Notwithstanding the Verdict (n.o.v.)

Application: The trial court granted a judgment n.o.v. in favor of the appellees, disregarding the jury's findings, but the appellate court reversed this decision, ruling that the jury's findings were supported by sufficient evidence.

Reasoning: Texas law permits a judgment n.o.v. if there is no evidence backing jury findings essential to liability.

Personal Liability of Corporate Officers

Application: Refugio Gonzales, as the operator of Jetero Services, was held personally liable for the debts of the business entities involved in the single enterprise, pursuant to the appellate court's ruling.

Reasoning: Refugio Gonzales, as the operator of Jetero Services, is personally liable for the debts of that assumed name business.

Single Business Enterprise Doctrine

Application: The appellate court found that sufficient evidence supported the jury's determination that the entities operated as a single business enterprise, justifying the disregard of their separate corporate identities.

Reasoning: Old Republic's appeal, focused on the trial court's dismissal of the jury’s finding of a single business enterprise, argues that sufficient evidence supported this determination.