Saturday, February 26, 2011

Oral Argument in Sherbert & Campbell v. Mostyn

On February 8, 2011, Eric Fryar appeared before the First Court of Appeals in Houston Texas to argue the appeal of Sherbert & Campbell v. Mostyn, No. 01-09-00922-CV, in the First Court of Appeals, Houston, Texas. Fryar Law Firm represents the former partners in a Texas general partnership, which was dissolved in 1998. The lawsuit originally filed in the 215th District Court, Harris County, Texas, alleges that certain significant assets of the partnership were misappropriated by the other partner during winding up of the partnership affairs. The trial court granted summary judgment based on the statute of limitations. Fryar Law Firm appealed. The oral argument primarily dealt with very significant issues of Texas law regarding the application of the statute of limitations to the winding up of a partnership and the effect of fiduciary duties on the application of the discovery rule. Read Fryar Law Firm's Appellant's Brief and Reply Brief on these issues to the Court of Appeal.