Harbrook tool and mfg

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Electric Lamps 1. Electrical Equipment And Supplies, Nec 2. Noncurrent-Carrying Wiring Devices 1. Engine Electrical Equipment 1. Relays And Industrial Controls 1. Similar companies. At that time, no accounting existed of the parties capital contributions towards this venture. Labbruzzo and Mr. Camarillo were not concerned by the terms of Acta because they, along with Mr. Alvarez, had agreed the American twin company would ultimately own all the assets, handle all the contracts, and control everything, leaving the Mexican corporation as a shell corporation.

From the date of incorporation of the Mexican company through mid, all the parties continued to make capital contributions to the company. On May 7, , a U. The shareholders of Plasticos Promex, U.

The final accounting of the company was never completed and therefore, stock was never issued for the U. On April 11, , Mr. Labruzzo, and Mr. However, the sale to Harbrook was not completed since the ownership interests of the shareholders Mr.

Camarillo had not been made. Alvarez requested several times for the accounting to be completed, but it was never done. By November of , the relationship between Mr. Alvarez and the other shareholders had soured.

Appellees filed this lawsuit requesting a declaratory judgment regarding the ownership interests of the parties in Plasticos Promex, U. On September 4, , the trial court entered a judgment in which it declared the ownership interests as follows: Mr.

Alvarez Camarillo Labbruzo The trial court also denied Appellees request for permanent injunction against Mr. On November 21, , Mr. Alvarez filed a motion for new trial which was apparently overruled by operation of law. Upon Mr. Alvarez now brings this appeal. Fisher, 88 S. City of Lake Jackson, S. In dealing with a Ano evidence or legal sufficiency challenge, we will consider the evidence in the light most favorable to the finding, disregarding all evidence and inferences to the contrary.

Stafford, S. If more than a scintilla of evidence exists to support the questioned finding, the legal insufficiency point fails. In considering a factual sufficiency challenge, we consider all the evidence, both the evidence tending to prove a vital fact as well as the evidence tending to disprove its existence.

Heritage Resources, Inc. Hill, S. If the finding is so contrary to the great weight and preponderance of the evidence as to be wrong and manifestly unjust, the finding should be reversed. See id. When undertaking a factual sufficiency review, the court of appeals may not set aside fact findings merely because it could have drawn different factual findings and legal conclusions from the evidence. Omohundro v.

Jackson, 36 S. The appellate court cannot retry the case or otherwise substitute its judgment or opinion for that of the trier of fact. The trier of fact is the sole judge of the credibility of the witnesses and the weight to be given to their testimony, and the appellate court should not act as a thirteenth juror in assessing the evidence and the credibility of the witnesses. Leon Ltd. Albuquerque Commons Partnership, S. Incorrect conclusions of law will not require reversal, however, if the controlling findings of fact will support a correct legal theory.

Leon, Ltd. In Issue One, Mr. Labbruzzo towards Plasticos Promex U. When interpreting a contract, the primary concern of the courts is to ascertain and give effect to the intentions of the parties as expressed in the instrument.

Haddad v. Wood, S. Coker, S. Price, S. When the interpretation of the contract is at issue, the courts must first determine if the language of the provisions in question are ambiguous. Whether a contract is ambiguous is a question of law that must be decided by examining the contract as a whole in light of the circumstances present when the contract was entered. A contract is not ambiguous if it can be given a definite or certain meaning as a matter of law.

An ambiguity does not arise simply because the parties advance conflicting interpretations of the contract. For an ambiguity to exist, both interpretations must be reasonable. New Ulm Gas, Ltd. Haddad, S. To determine the objective intent of the parties, a court should examine the entire instrument in an effort to harmonize and give effect to all provisions of the contract so that none will be rendered meaningless. Madeley, S. Alvarez contends that the date of incorporation of the Mexican company was, as a matter of law, the date that should have been used to calculate the capital contributions of the parties.

However, we are not persuaded that the language of the Agreement provides any distinction between when capital contributions stop and contributions toward percentage ownership begin.

The pertinent portion of the Agreement states the following:. This language indicates that the ownership interests would be determined based on the parties total capital contributions, which is how the trial court determined the ownership percentages.

Furthermore, in reviewing the record, we find evidence of the parties intent to determine the ownership percentages after all the necessary capital contributions had been invested to establish the business. In addition, at the time Plasticos Promex S.

Alvarez ensured him that no one shareholder had more than fifty percent ownership interest in the company. Issue One is overruled. In Issue Three, Mr. Alvarez complains of the following findings of fact:.

In part, this is due to the fact that title to the molding machines remained with Immobilaria Axial S.