SP Midtown Ltd v. Urban Storage, LP (Tex.App.- Houston [14th Dist.] 2008)

This is an appeal from the granting of a no-evidence summary judgment in favor of appellees, Urban Storage, L.P. d/b/a Midtown Mini Storage and d/b/a Midtown Mini Warehouse and d/b/a/ Midtown Self Storage, Midtown Storage, L.L.C., and The Jenkins Organization, Inc. In two issues, appellant, SP Midtown, Ltd. d/b/a/ Space Place Midtown argues (1) the trial court erred in granting Midtown's no-evidence motion for summary judgment because Space Place presented more than a scintilla of evidence on each challenged element, and (2) the trial court erred in denying Space Place's objections to Midtown's summary judgment evidence. The Fourteenth Court of Appeals, in opinion by Justice John Anderson, affirms in part, and reverses and remands in part.

SP Midtown Ltd. v. Urban Storage, LLC (Tex.App.- Houston [14th Dist.] May 8, 2008)(Anderson) (summary judgment case, trade secrets, tortious interference)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00717-CV SP Midtown Ltd. d/b/a Space Place Midtown v. Urban Storage, L.P. d/b/a Midtown Mini Storage and d/b/a Midtown Mini Warehouse and d/b/a Midtown Self Storage , Midtown Storage, L.L.C. and The Jenkins Organization, Inc.
Appeal from 80th District Court of Harris County
Trial Court Judge: Lynn M. Bradshaw-Hull

CONCLUSION

We reverse the judgment of the trial court granting Midtown's summary judgment motion as to Space Place's causes of action for theft, misappropriation, and/or misuse of confidential information and/or trade secrets; unjust enrichment; tortious interference with contractual relationships; and conspiracy to misappropriate, tortiously interfere with contractual relationships, and induce the breach of a fiduciary duty. We remand these portions of the judgment to the trial court for further proceedings consistent with this opinion. We affirm the judgment of the trial court granting Midtown,s summary judgment motion as to Space Place's causes of action for tortious interference with prospective business relationships and conspiracy to tortiously interfere with prospective business relationships.