Court out-of Appeals off Tx, Houston (initial Dist.)
TMX Funds HOLDINGS, INC., Appellant v. WELLSHIRE Economic Qualities, LLC D/B/A beneficial LOANSTAR Term Financing D/B/An effective MONEYMAX Name Funds And D/B/A LOANMAX; MEADOWWOOD Monetary Functions, LLC D/B/A good LOANSTAR Label Money And you can D/B/An effective MONEYMAX Identity Funds; And you will Integrity Texas Financing, LP, Appellees
No. 01-16-00044-Cv
To the rehearing, I differ with the majority’s carrying treating brand new demo court’s denial out-of TMX-Holdings’ special physical appearance. I think, almost all misconstrues handling rules, established of the Colorado Finest Courtroom from inside the PHC-Minden, L.P. v. Kimberly-Clark Corp., 235 S.W.three dimensional 163 (Tex. 2007), also it misapplies new PHC-Minden situations regularly influence personal legislation more than a firm on a change-ego principle. The majority hence dismisses this new monetary cardio of a single fused business organization out of this suit getting misappropriation from trade secrets and you can tortious interference that have bargain. It hence countenances misuse of business form so you can insulate a firm of potential injuries during the tort. Hence, I respectfully dissent.
The brand new activities in this situation is actually competition regarding vehicles identity mortgage markets. Wellshire Economic Characteristics, LLC, Meadowwood Financial Functions, LLC, and you can Stability Tx Financing, LP (with each other, “Wellshire”) prosecuted TMX Finance Holdings, Inc. (“TMX-Holdings”) and you can TMX-Fund, LLC (“TMX-Finance”), along with other “TMX agencies” perhaps not parties to this notice, to possess misappropriation of exchange treasures and you will tortious interference which have existing deals and you can possible organization relations. Read More