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MAEBERRY v. GAYLE

No. 13-96-052-CV.

955 S.W.2d 875 (1997)

Joe Sidney MAEBERRY, Appellant, v. James Lee GAYLE, Appellee.

Court of Appeals of Texas, Corpus Christi.

September 11, 1997.

Attorney(s) appearing for the Case

Gilberto Hinojosa, Magallanes, Sokat & Hinojosa, Brownsville, for Appellant.

Thomas Sullivan, Carinhas, Chosy & Sullivan, L.L.P., Brownsville, for Appellee.

Before the court en banc.

OPINION

CHAVEZ, Justice.

Appellee James Lee Gayle won a judgment in a bench trial against appellant Joe Sidney Maeberry based on fraud and breach of fiduciary duty. Gayle was awarded actual damages of $33,800, exemplary damages of $45,000, and attorneys fees of $10,000, and Maeberry was granted a credit of $26,000 toward the judgment against him. We affirm Gayle's award based on fraud and the award of attorney's fees, reverse and render judgment that Gayle...

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