HUGHES v. ST. DAVID'S SUPPORT CORP.

No. 03-96-00197-CV.

944 S.W.2d 423 (1997)

Alfred D. HUGHES; J. Scott Gregson; L. Michael O'Neal; Brenda Hughes Nelson, as Trustee for the Lance R. Hughes Management Trust; and Lance R. Hughes, as Trustee for the Brenda Hughes Nelson Management Trust, Appellants, v. ST. DAVID'S SUPPORT CORPORATION, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 22, 1997.


Attorney(s) appearing for the Case

Charles M. Craig, Gray & Becker, P.C., Austin, for Appellants.

Scott R. Kidd, Brown McCarroll & Oaks Hartline, Austin, for Appellee.

Before POWERS, KIDD and B.A. SMITH, JJ.


KIDD, Justice.

This appeal presents us with the question of whether a general partner owes a fiduciary duty of notice to its limited partners when it sells assets under its control. Because we conclude that such a duty exists, we will reverse the trial court's summary judgment and remand the cause for a trial on the merits.

BACKGROUND

The St. David's Health Care System, Inc., (the "System") is a nonprofit corporation that operates St. David's Medical...

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