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LOY v. HARTER

No. 06-02-00154-CV.

128 S.W.3d 397 (2004)

Michael F. LOY, Fleetwood Enterprises, Inc., and Fleetwood Retail Corporation, f/k/a HomeUSA, Inc., Appellants v. Steven HARTER, Notre Capital Ventures, II, L.L.C., and Notre Capital Ventures, III, L.L.C., Appellees.

Court of Appeals of Texas, Texarkana.

Decided February 10, 2004.

Rehearing Overruled March 2, 2004.

Attorney(s) appearing for the Case

Solace Kirkland Southwick, Matthew L. Hoeg, Andrews & Kurth, LLP, Houston, for appellants.

William E. Junell Jr., Schwartz, Junell, Campbell & Oathout, LLP, Houston, for appellees.

Michael D. Robbins, Doyle, Restrepo, Harvin & Robbins, LLP, Houston, for 3rd party defendants Fleetwood Enterprises, Inc., & Fleetwood Retail Corp., F/K/A HomeUSA, Inc.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

The merger hung in the balance when Michael F. Loy, then the Chief Financial Officer (C.F.O.) and a director and stockholder of HomeUSA, Inc. (HomeUSA), and Steven Harter, then a director and stockholder of that company, faced each other in the hallway during a break in negotiations concerning a proposed merger1 of HomeUSA into Fleetwood Enterprises, Inc. (Fleetwood). The content of their...

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