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eBook details

• Title: Roy S. Peterson v. Dean Witter Reynolds
• Author : Fifth District, Dallas Court of Appeals of Texas
• Release Date : January 13, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

The appellee, Dean Witter Reynolds, Inc., brought this action to recover a deficit in a futures trading account of its customer, the appellant, Roy S. Peterson. The trial court: (1) directed a verdict for Dean Witter on its case-in-chief; (2) directed a verdict against Peterson on certain of his cross-claims and affirmative defenses; and (3) submitted Petersons remaining cross-claims to the jury. Of those submitted to the jury, the jury found in Petersons favor only on a breach of fiduciary duty issue. The jury, however, found no proximate cause for damages. Consequently, the trial court entered judgment in favor of Dean Witter and against Peterson and Peterson appeals. For the reasons that follow, we affirm. Furthermore, Dean Witter maintains on cross-appeal that Peterson has taken this appeal for delay and without sufficient cause. We find no merit in this contention. Therefore, we decline to assess any damages as requested by Dean Witter under Texas Rule of Appellate Procedure 84.

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