Sauceda v. Kerlin

Appellants, descendants of Juan Jose Balli ("Balli Claimants"), sued appellees, Gilbert Kerlin, individually and as trustee, Windward Oil and Gas Corporation, and P.I. Corporation ("Kerlin Group"), for: (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; and (4) conspiracy to commit fraud and breach of fiduciary duty. The Balli Claimants also asked for a declaratory judgment, an accounting, and the imposition of a constructive trust. See Tex. R. Civ. P. 274; Morales v. Morales, 98 S.W.3d 343, 346 (Tex. App.--Corpus Christi 2003, pet. denied). After a lengthy jury trial, judgment was rendered in favor of the Balli Claimants. The Balli Claimants appeal raises two issues and the Kerlin Groups cross-appeal raises twelve issues. We reverse that part of the trial courts judgment denying an equitable accounting and remand that issue to the trial court with instructions to order an equitable accounting. We affirm the remainder of the trial courts judgment.