# Brown & Brown of Texas, Inc. v. Omni Metals, Inc.

> Texas Court of Appeals, 1st District (Houston) · May 5, 2010 · 317 S.W.3d 361

URL: https://www.frixlaw.com/law-library/cases/9749596

## Case

- **Full name:** BROWN & BROWN OF TEXAS, INC. F/K/A Poe & Brown of Texas, Inc. and Transcontinental Insurance Company, Appellants, v. OMNI METALS, INC., Appellee
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** May 5, 2010
- **Citations:** 317 S.W.3d 361; 2010 WL 1240580
- **Precedential status:** Published
- **Opinion:** Dissent by Nuchia
- **Judges:** Evelyn v. Keyes
- **Cited by:** 56 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9749596

## How later opinions describe it (automated extraction)

- explaining Texas caselaw on Section 541.151’s predecessor established that “contractual privity or third[-]party beneficiary status is not required for standing to bring claims”
- holding evidence legally and factually sufficient to support jury finding of “knowingly,” as required for award of treble damages under DTPA

## Opinion text

SAM NUCHIA, Justice,
dissenting on rehearing.
While I vote to grant both motions for rehearing, I do not agree with the relief granted by the Court. I, therefore, respectfully dissent from the Court’s judgment for the reasons set out in my December 17, 2009 dissenting opinion on motion for en banc reconsideration.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9749596. Public record. Not legal advice.