,_ v - Fifth Court of Appeals

address the claim of alter ego. Cr. 192-193. The resulting Judgment wrongly
awarded actual and exemplary damages allegedly based on a fraud cause of action
that was not proved or even pled in the Motion for Partial Summary Judgment.
Therefore, the Judgment's award of $175,000.00 in actual damages for
fraud against Appellant is erroneous, because fraud was not properly pled as a
basis for relief in Appellee's Partial Motion for Summary Judgment. Likewise,
the Judgment's award of $350,000.00 in exemplary damages for the claim of
"actual fraud" against Appellant is likewise erroneous, because fraud was not pled
as a basis for relief in Appellee's Motion.
Appellee did not present proof of the essential elements of fraud in his partial
Summary Judgment Motion, so the Judgment erroneously awarded damages for
fraud.
Appellee also failed to set forth the elements of fraud or present proof on
each required element. Fraud requires proof that: ( 1) Defendant made a
representation to the Plaintiff; (2) The representation was material; (3) The
representation was false; ( 4) Defendant knew the representation was false at that
time it was made or made the representation recklessly without knowledge of its
truth; ( 5) Defendant intended that Plaintiff act on the representation; ( 6) Plaintiff
relied on the representation; and (7) The representation caused the Plaintiff injury.
Insurance Co. ofN Am. v. Morris, 981 S.W.2d 667, 674 (Tex. 1998).
Appellee completely failed to address or prove the following elements of
fraud in his Motion for Partial Summary Judgment:
APPELLANT'S BRIEF
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