You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

HHT Limited Company & Michael Malone Jr. v. Nationwide Recovery Systems LTD

Citation: Not availableDocket: 05-11-01058-CV

Court: Court of Appeals of Texas; May 31, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case before the Court of Appeals for the Fifth District of Texas involves Nationwide Recovery Systems, Ltd., a commercial debt collector, against HHT Limited Company and Michael Malone, Jr. The case arose from allegations of tortious interference with contracts and breach of employment agreement after Malone, a former employee of Nationwide, solicited other employees to work for HHT. The trial court ruled in favor of Nationwide, awarding damages based on lost profits due to the departure of experienced employees. On appeal, HHT and Malone challenged the admission of evidence regarding damages and the sufficiency of evidence supporting lost profits. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the admission of evidence and determining that Nationwide provided legally sufficient evidence for lost profits. Nationwide's method of calculating damages was found to meet judicial standards of reasonable certainty, relying on objective data and competent owner testimony. Consequently, the appellate costs were awarded to Nationwide, and the judgment was finalized in their favor.

Legal Issues Addressed

Admission of Evidence Regarding Damages

Application: The trial court's discretion in admitting revenue exhibits utilized to calculate damages was deemed appropriate, as objections to the exhibits were not adequately explained or preserved on appeal.

Reasoning: The court found that the trial court did not abuse its discretion regarding the admission of exhibits summarizing revenue generated by the solicited employees.

Legal Sufficiency of Evidence for Lost Profits

Application: The court affirmed that Nationwide's method of calculating lost profits was legally sufficient, relying on objective data and reasonable certainty.

Reasoning: Recovery of lost profits does not require precise calculation, but must demonstrate reasonable certainty, relying on objective data to ascertain amounts.

Owner Testimony on Estimated Profits

Application: Chris Mathews, as the president of Nationwide, provided competent testimony fulfilling the requirement for owner testimony regarding estimated profits.

Reasoning: Chris Mathews, Nationwide’s president, testified competently about the company’s profit margins, fulfilling the requirement for owner testimony regarding estimated profits.

Tortious Interference with Contracts

Application: The court upheld the jury's finding that Malone's solicitation of Nationwide employees constituted tortious interference with contracts.

Reasoning: Nationwide, a commercial debt collector, claimed tortious interference with contracts and breach of employment agreement after Malone, a former employee, solicited other Nationwide employees to join HHT.