Brent Mitchell and Aqua Marine Enterprises, Inc. v. K & B Fabricators, Inc.

Summary

The court affirmed the finding that Mitchell breached his fiduciary duty to K & B by causing AME to appropriate K & B's storm-shelter fabrication opportunity and affirmed the imposition of a constructive trust on AME's fabrication profits. It also affirmed judgment for K & B on AME's noncompetition counterclaim. The court reversed the $531,000 damages award and remanded for a new calculation based on AME's actual fabrication profits rather than the profits K & B allegedly would have earned.