May 8, 2012

JUDGMENT The Fourteenth Court of Appeals JILES DANIELS, Appellant NO. 14-10-00115-CV V. EMPTY EYE, INC., EMPTY EYE & ASSOCIATES, L.P., AND JUDITH DANIELS, Appellees ____________________

This cause, an appeal from the judgment signed December 4, 2009 in favor of appellees Empty Eye, Inc., Empty Eye & Associates, L.P, and Judith Daniels, was heard on the transcript of the record. We have inspected the record and find error in the judgment. We therefore REFORM the judgment of the court below as follows: 1. We REVERSE those portions of the judgment in which the trial court (a) awarded Empty Eye, Inc. and Judith Daniels $173,334.56 for Jiles Daniels’s failure to comply with the Limited Partnership Agreement of Empty Eye & Associates, L.P.; (b) awarded Empty Eye, Inc., Empty Eye & Associates, L.P., and Judith Daniels $160,837.14 for attorneys’ fees through entry of judgment; (c) conditionally awarded Empty Eye, Inc., Empty Eye & Associates, L.P., and Judith Daniels additional attorneys’ fees in the event that Jiles Daniels unsuccessfully appealed the judgment; and (d) awarded pre- or post-judgment interest on any of these amounts.

2. We AFFIRM the judgment of the court below except as modified in this judgment; that is, we affirm the portions of the judgment in which the trial court (a) awarded Empty Eye & Associates, L.P. $171,601.21 for Jiles Daniels’s failure to comply with his fiduciary duty to Empty Eye & Associates, L.P.; (b) awarded Empty Eye & Associates, L.P. pre-judgment interest on this amount at the rate of 5% per annum commencing January 1, 2008 through December 3, 2009; and (c) awarded Empty Eye & Associates, L.P. post-judgment interest on this amount at the rate of 5% per annum from December 4, 2009 until paid.

We order appellant Jiles Daniels to pay all costs incurred in this appeal. We further order this decision certified below for observance.