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PENHOLLOW CUSTOM HOMES, LLC v. KIM

No. 08-08-00029-CV.

320 S.W.3d 366 (2010)

PENHOLLOW CUSTOM HOMES, LLC and Steven J. Penhollow, Appellants, v. Cornelius KIM and Jong Kim, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled July 7, 2010.

Attorney(s) appearing for the Case

J. Stephen Hunnicutt , Dallas, TX, for Appellants.

J.B. Peacock Jr. , Dallas, TX, for Appellees.

Before CHEW, C.J., McCLURE, and RIVERA, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

Penhollow Custom Homes, LLC and Steven J. Penhollow appeal from a judgment entered in favor of Cornelius and Jong Kim. For the reasons that follow, we affirm in part and reverse in part.

FACTUAL SUMMARY

Penhollow Custom Homes (PCH) is a custom home builder. Steven Penhollow is the owner and sole employee of PCH. He is not paid a salary by the corporation but takes an owner's draw from the profits...

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