F.j. Brewerton, Jerry Prock, and Gilberto De Los Santos, Petitioners v. Brent Dalrymple and Diane Marie Dalrymple…

Summary

The Texas Supreme Court held that the individual defendants' conduct was not extreme and outrageous, so the intentional infliction of emotional distress claim fails as a matter of law. It also held that the loss‑of‑consortium claim fails because it is derivative of the dismissed IIED claim. The Court reversed the Court of Appeals' remand of the equitable‑relief claim, finding the Dalrymples did not preserve error, and entered judgment that the Dalrymples take nothing.